California One-Leg Stand Test

If you were recently arrested for DUI in or around the San Diego area and you were given the One Leg Stand Test, please contact The Law Office of Eugene Ellis.There are many possible defenses to this type of field sobriety test and DUI defense attorney Eugene Ellis is highly experienced!

The One Leg Stand is standardized by the National Highway Traffic Safety Administration (NHTSA) and they have set guidelines for police officers to follow when administering this test. When taking this test, a suspect will be asked to stand with their heels together while keeping their arms at their sides. The officer will then instruct the person to lift one foot approximately six inches off the ground while counting out loud to 30.

However, police officers are human and they make mistakes. This is where your defense comes in. If the police officer made a mistake during testing or at any time during the DUI investigation, how can the judge or jury be sure that you were DUI?

For example, did you know that not everyone is a candidate for this type of test? Under the instructions of the NHTSA, police officers should not ask you to take this test if you are 60 years or older, have a physical impairment that may affect your balance, or if you are 50 pounds or more overweight. They are also required to allow anyone wearing heels that are over two inches high to remove their shoes prior to starting the test. Assuming that you were a candidate for the test, the officer must describe and demonstrate the test for you before you can be expected to take it.

Another defense that comes into play is the testing conditions. For instance, if it was raining, snowing or if there was ice on the ground, it would be difficult for anyone to keep their balance. It is the responsibility of the officer to make sure the test is given on a hard, flat surface that is not slippery. The officer must also make sure that you have enough light to complete the test if you were stopped during the night.