Today I am going to discuss one of the three field sobriety tests that are used in Georgia: the one-leg stand test.
This is one of the two divided attention tests that are used by police officers to determine whether or not a DUI arrest can be made. This test measures more than your physical capacity — it also measures your ability to pay attention and to follow directions.
To perform this test, the police officer will ask you to stand with one foot six inches off of the ground. As you stand in this position, you will be asked to count out loud in thousands (one-one thousand, two one-thousand) until the officer tells you that you may put your foot back down. During this test, you must look down at your foot with your arms by your side while pointing your toes out. The officer will time this test for 30 seconds.
The officer will be looking for four signs during this test. He or she will look to see if you put your foot down before the test is over, you hop to maintain balance, you sway while trying to maintain balance, or if you use your arms to balance.
If you meet any two of these criteria, the officer may arrest you for driving under the influence.
Let’s be honest. It’s difficult for many people to maintain balance while standing on one leg. The test is also designed to be administered in optimal conditions – that is, on a hard, dry surface. Poor conditions may lead to failing this test.
Older people and individuals with physical disabilities may also be challenged to perform this test to the officer’s standards. A good defense attorney will be able to offer explanations why you had difficulty performing the test.
It is important to remember that the one-leg stand test is subjective. It is up to the officer’s discretion to decide whether you pass or fail. If the officer pulled you over because he or she already thinks you are intoxicated, the results may be biased.
Could you be assured of passing this test even if you have had nothing to drink?
