If you have ever been pulled over by a police officer in Alabama, even if for a simple traffic violation, you know it can make you nervous. A nervous state, however, is not your friend if that traffic stop turns into a drunk driving investigation and you are asked to perform a one-leg-stand test (OLS). Being nervous alone could cause you to fail, and failure of this field sobriety test can be, in some jurisdictions, the basis for probable cause to take you into police custody.
What is a One-Leg Stand Test?
The one-leg stand test is a standardized field sobriety test (SFST) used by the police to determine if a driver is operating a vehicle while under the influence of drugs or alcohol. A vehicle can include a passenger car, truck, motorcycle, boat, or any other vehicle as defined by state statute.
The OLS is one of three SFSTs recognized by the National Highway Traffic Safety Administration (NHTSA). As a standardized test, the results can be used as evidence in Alabama DUI cases.
The OLS must be administered according to specific rules. Police are trained to administer the OLS during DUI investigations, but that does not mean they properly administer this field sobriety test.
Overview and issues as to reliabilyy of the one-leg stand test
The one-leg stand test is often used in field sobriety assessments, but its reliability is highly questionable. For one, individuals vary significantly in their natural balance and physical fitness. Someone with a minor ankle injury, poor coordination, or a naturally unsteady stance could efficiently perform poorly, even if they haven't consumed any alcohol.
Moreover, environmental factors play a critical role. Uneven pavement, poor lighting, or distracting surroundings can all impact a person's performance during the test. Even a slight breeze might throw off someone's balance, leading to a misinterpretation of their abilities.
The test is also subject to examiner bias and inconsistency. Officers might have varying interpretations of what constitutes a “failure” or a “mistake” during the one-leg stand. Instructions might not be standardized, and slight deviations in timing or observation can lead to vastly different results.
Furthermore, stress and nervousness—common during a police stop—can impair balance and concentration. A person who is simply anxious about the situation might perform poorly, regardless of their sobriety.
How is the OLS Test Administered?
The one-leg stand test requires the individual to stand on one foot with the other foot elevated approximately six inches from the ground. While maintaining balance, the individual must count aloud until the law enforcement officer orders the individual to stop and put their foot down.
The individual must also keep his or her eyes on the elevated foot while counting and maintaining balance.
As such, the OLS requires the ability to multitask.
How is the OLS Measured?
The one-leg stand test supposedly estimates a person's unlawful intoxication using clues. An officer looks for four clues while you stand with one leg up, counting out loud.
- Swaying back and forth or side to side while balancing. The sway should be a minimum of one-inch off-center. If you cannot maintain your balance, you fail this clue.
- Raising arms for balance. You should be able to raise your arms more than six inches from your side. If you cannot maintain your balance, you fail this clue.
- Hopping but keeping your balance. You should move the foot you are balancing off the ground in succession to perform a “hop.” If you cannot maintain your balance, you fail this clue.
- Putting a foot down. The officer will note how often you let your foot drop to the ground while counting and not being told to stop. You may fail this clue if you drop your elevated foot three or more times within 30 seconds.
Supposedly, if you fail two clues, this indicates your blood alcohol content (BAC) level is more significant than 0.08 percent. The police can use this with another failed SFST or preliminary breath test as probable cause to arrest you.
Challenges to the One-Leg Stand Test in Alabama
Although the one-leg stand test is a commonly used field sobriety test, it is fraught with problems, making it unreliable and vulnerable to challenges in court.
Environmental Factors
Environmental factors could distract or otherwise disrupt an OLS in progress. Environmental factors include things like:
- Noise made by heavy traffic
- Road conditions, like gravel or uneven roads
- Weather conditions, like rain, fog, snow, freezing temperatures, etc.
- Time of day, like nighttime when it's hard to see due to darkness or an officer's patrol lights or daytime when the sun is glaring in your eyes
These conditions are enough to distract any person, but having to perform an OLS while any of these conditions exist can lead to misguided or inaccurate results.
As your DUI defense attorney in Alabama, we will question you about your surroundings while you took the OLS and determine if it may have affected your performance. If so, we will collect the evidence and file a motion to exclude the field sobriety test results.
Health and Medical Conditions
Sometimes, a person may have a health or medical condition that makes it hard to perform the OLS test. These health conditions can be physical, mental, or emotional. A person with physical impairments like hearing loss or foot injuries should not perform this test. It is also recommended that people over 65 years of age not perform this test. As for mental and emotional problems, a common condition is anxiety—anxiety can greatly impact a person's performance to their detriment.
That said, standing on one foot is unnatural. Failure can simply be the result of failing to perform an unnatural task.
As your DUI defense attorney, we will inquire into any existing health or medical conditions and evaluate how any conditions may have affected your performance. If we determine a condition that could have negatively affected your ability to pass field sobriety tests, we will file a motion to exclude the evidence.
Officer Errors
Police officers make mistakes. OLS and other field sobriety tests should be administered properly. The instructions are strict and very technical. An error on the police officer's part can lead to criminal consequences for you. Errors can include anything from confusing instructions to a failure to keep track of the time.
Your DUI lawyer should question how the officer administers the test. Remember, too, that officers are often required to wear body cameras. We will review any audio or video of the DUI investigation to determine if the office may have made a mistake.
While the one-leg stand test is a quick and simple tool, its outcomes are influenced by numerous factors unrelated to alcohol consumption. Relying solely on this test to evaluate a person's fitness to drive under the influence can lead to inaccurate and unfair assessments. A more comprehensive evaluation, including objective measures like breath or blood tests, is essential for a just determination of impairment.
The one-leg stand test is supposed to help the police determine if a person is unlawfully intoxicated while operating a vehicle. The problem is this: the test is flawed and can cause you more harm than it's worth. Retaining a DUI defense attorney in Huntsville and Madison County is your best way to fight DUI charges.
Contact Our DUI Defense Lawyer in Huntsville and Madison County Today
Contact Segal and Segal today by filling out our online form or calling us at 256 533 4529 to schedule a consultation.
