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California Walk and Turn Test
The Walk and Turn test is often used by police officers when they suspect a person of drinking and driving.
This divided attention test helps police determine how a suspected drunk driver can follow instruction and also keep their balance. During the test, a person will follow the white line on the side of a road or an “imaginary” line. They must walk nine heel-to-toe steps (arms at their sides) while counting each step out loud and looking at their feet, then pivot and return in the same manner.
While this type of field sobriety test is standardized by the National Highway Traffic Safety Administration (NHTSA), there are many problems associated with it. If you or someone you know has recently been arrested for DUI in or around the San Diego area, please contact a DUI defense attorney. With the experience necessary to handle your DUI case, a qualified lawyer will make certain that police followed proper protocol if you were given this field sobriety test.
Possible defenses for the Walk and Turn Test
As mentioned earlier, police must follow protocol when administering this field sobriety test. Let’s begin with who should
not
be given this type of test. Senior citizens aged 65 and older cannot be expected to take this test due to its physical demands. The Walk and Turn is a test of balance so those 50 pounds or more overweight should also not take this test.
Those that have any other physical condition that could affect their balance (arthritis, wooden leg) cannot take this test. Wearing heels higher than two inches can also affect balance and police must allow you to remove your shoes before beginning the test. Dedicated DUI lawyers will make certain that you were supposed to be given this test.
Another defense that may apply to your DUI case may be the testing conditions. Since this test measures your balance, it must be given on a surface that’s flat, dry and non-slippery. There must also have been adequate lighting if your test was given at night.
For these reasons and more, you should immediately contact a professional DUI attorney for representation!