Field sobriety tests are roadside tests police conduct during a traffic stop in Alabama to determine if a driver is impaired or unlawfully under the influence of alcohol or another chemical substance. The walk-and-turn test is one of the most commonly used field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) also considers it one of three standardized field sobriety tests, which can mean the results can be used as evidence against you in DUI cases.
What is a Walk-and-Turn Test?
The walk-and-turn test is a standardized field sobriety test typically used by the police to determine whether a driver is unlawfully under the influence of drugs or alcohol. This test is also known as a divided attention test: the police ask you to shift your conscious attention from one task (standing without staggering) to another (listening to instructions).
Is it Reliable?
The walk-in turn test is one of several field sobriety tests used during DUI stops, but several factors limit its reliability. For starters, the test is mainly subjective. Officers must observe and interpret how smoothly they execute a series of turns, which means that personal bias or differences in training can lead to inconsistent results. One officer's “wobbly” might be another's “acceptable under stress.”
Physical factors unrelated to alcohol can also skew the test. A person with a minor balance disorder, a previous injury, or simply less coordination due to age or fitness level might struggle with the turns even when sober. Environmental conditions, such as uneven pavement, poor lighting, or distracting surroundings, further complicate the assessment. The test is rarely conducted in a controlled setting, so external factors can interfere with a person's natural ability to balance and turn smoothly.
Moreover, the stress of being pulled over can have a significant impact. Nervousness and anxiety may cause someone to perform worse than usual, even if their blood alcohol content is below the legal limit. This anxiety-induced impairment might be mistaken for the effects of alcohol, unfairly influencing the officer's judgment.
Lastly, the scientific basis for the walk-in turn test as a precise measure of intoxication is not robust. Research indicates that while alcohol can affect motor skills, the correlation between performance on such tests and actual impairment is inconsistent. In short, while the walk-in turn test can offer some insight into a person's physical coordination, its numerous influencing factors mean it should never be used as the sole determinant of intoxication in a DUI case.
If you had to perform a walk-and-turn test, you must understand what it is and how it can be challenged. At Segal and Segal, our DUI defense lawyer in Huntsville and Madison County represents clients in all DUI cases. Contact us at 256 533 4529 to schedule a consultation and to discover how we help our clients defend against DUI charges.
Administration of the Walk-and-Turn Test
During the walk-and-turn test, the police are supposed to provide unequivocal instructions and demonstrate the task at hand before you begin the test.
The test involves walking in a straight line, heel-to-toe, for approximately nine steps with your arms at your side. At the conclusion of the nine steps, you turn around and walk back to the starting point in the same heel-to-toe manner.
The NHTSA requires certain conditions for the test to be performed properly.
- A designated straight-line
- A reasonably dry, hard, level, non-slippery surface
- Adequate room for nine steps
- An option to remove shoes with heels two inches high
Walk-and-Turn Test Clues of Impairment
The purpose of field sobriety tests is to identify clues that indicate you are impaired. The walk-and-turn test incorporates eight clues:
- Lack of balance while following instructions
- Beginning before being instructed to begin
- Failing to touch your heel to your toe while walking
- Stepping off of the straight line
- Stopping while walking
- Raising or moving arms to maintain balance
- Making an improper turn
- Taking more or fewer than nine steps
Missing or failing two or more clues is supposed to indicate that your blood alcohol content (BAC) level is likely over 0.08 percent. However, like the others, this field sobriety test is flawed and vulnerable to problems that make relying on the results suspect.
Problems with the Walk-and-Turn Test in Alabama
The walk-and-turn test is not a reliable way to determine unlawful intoxication. Problems often involve how the test is administered, pre-existing physical or mental conditions, and unsatisfactory environmental conditions.
Police Error
The police make mistakes. They may not provide proper instructions or interpret the test improperly. For example, an officer may count a person's slow walk as a clue for stopping while walking. Slow walking, however, is specifically identified by the NHTSA as not stopping, but it can be hard to determine what's slow and what's stopping. It all depends on the officer's point of view or interpretation.
Health Conditions
Research by the NHTSA has shown this test is not suitable for anyone who:
- is over the age of 65
- has back or leg problems
- has middle ear problems
However, other health issues, whether physical or mental, can negatively affect a person's performance. Anxiety is a serious health condition. Sufferers of anxiety can experience an anxiety attack from the traffic stop alone, not to mention being asked to perform a divided attention test.
Environmental Conditions
The NHTSA requires a specific environment for this test to be properly performed. Unfortunately, you do not get to choose where you are pulled over for a traffic stop. There is no guarantee the ground will be level and non-slippery or that enough room will be available to complete the test safely.
Further, other environmental conditions can cause distractions and disruptions, such as:
- loud, heavy traffic
- weather conditions (rain, snow, cold, heat)
- glaring sun or no sun at all, making it difficult to see
Why These Problems Matter
These problems matter because if you fail the test, it can be used to influence a jury that you were indeed impaired while operating a vehicle. It can also be used to influence you to agree to a plea deal when, minus failed field sobriety tests, you could have gotten the charges dismissed (or may not have even been taken into custody in the first place).
Field sobriety tests are used to create probable cause. Probable cause is required for an arrest. When field sobriety tests are unreliable and probable cause is based on them, you suddenly face possible criminal charges that are not necessary. The whole process can be emotionally exhausting, time-consuming, and costly.
Five Ways to Challenge Field Sobriety Test Results in Alabama
If you took and failed a field sobriety test, like the walk-and-turn test, you must challenge the test result by all means possible. These results can be used against you in court. Our DUI defense lawyer may challenge the results using different strategies at Segal and Segal. The strategy used depends on the facts and circumstances.
- Did the officer administer the tests improperly or fail to provide adequate instructions? We will review any audio or video as well as speak to you and other witnesses.
- Did the road, traffic, or weather conditions impact performance? We can review videos, photographs, weather reports, traffic reports, and other forms of evidence.
- Did your shoes, clothing, or health condition impact your performance? We will review your clothing and health conditions with you.
- Was the officer's subjective assessment flawed? Again, We will review any videos or testimony and consider whether this is a valid claim.
- Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained from the violation could be suppressed from evidence.
It is always critical to speak to a defense attorney in your jurisdiction to learn your rights and how best to fight the drunk driving charges.
Walk-and-turn tests are often unreliable and can be challenged.
