If you have been arrested for driving under the influence, the arresting officer probably asked you to perform the so-called "One-Leg Stand" test. The one-leg stand is typically one of several methods that police officers use to decide whether to arrest someone for driving while intoxicated.
The one-leg stand is a method devised by the National Highway Traffic Safety Administration to determine whether a person has a blood-alcohol content ("BAC") greater than 0.10 percent. The one-leg stand is supposed to be performed by balancing on one leg while holding the foot of the other leg approximately six inches off the ground and simultaneously counting out loud while staring at the raised foot and holding the arms at the side. Officers are supposed to note any of the following "clues":
(1) swaying while balancing;
(2) use of the arms for balance;
(3) hopping; and
(4) putting the foot down.
Appeals Lawyer
Many police officers and prosecutors have cultivated a myth that this test is useful in determining whether a driver has had too much too drink. In fact, it is a very poor test for determining intoxication and it has never been subjected to rigorous scientific testing. There are several reasons why the one-leg stand may not adequately support an arrest or conviction for a DUI or DWI.
First, the federal government acknowledges that even under the best conditions the one-leg stand is an unreliable predictor of a person's intoxication. Under laboratory circumstances (i.e., not late at night on the side of the road), officers trained in using the one-leg stand to determine if a person had a BAC greater than 0.10 percent were wrong 35 percent of the time. In other words, under the best circumstances, the one-leg stand test was correct only 65 percent of the time. It stands to reason that the usefulness of the one-leg stand test is worse under less than ideal conditions.
Second, the one-leg stand is subject to too many confounding variables to be useful evidence of guilt. The test requires a dry, hard, level and non-slippery surface. Imperfections in the surface on which the person is balancing will obviously affect that person's ability to balance on one leg for a prolonged period. Moreover, each person's physical characteristics will likewise impact that person's ability to balance on one leg for a prolonged period of time. Indeed, the federal government acknowledges that persons who are over 65 years old, have back, leg, or inner ear problems, or who are overweight by 50 pounds or more had difficulty performing this test regardless of alcohol intoxication.
Third, the arresting officer may not have administered the test correctly. The one-leg stand is supposed to be a standardized test. Even the federal government acknowledges that the test must be administered and interpreted in a standardized manner for the results to have any meaning. Shortcuts by the arresting officer in administering the test, failing to provide complete and correct instructions, or noting false "clues" of intoxication will undercut the validity of the test.
It is important to recognize these remarkable shortcomings in the evidence that the police and prosecutor will attempt to use against you. Because the one-leg stand is so flawed, it should not be used as evidence at all. Although many judges will allow it into evidence, it is nevertheless important to educate the judge or jury about the flaws so that they can discount the officer's conclusion that you failed the test. Make sure that you hire a DUI defense lawyer who understands the inherent flaws in the one-leg stand and knows how to use science to undercut the prosecutor's case.
The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
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ATTORNEY ADVERTISING MATERIAL. Michael Stamp is a Fairfax DWI defense lawyer at the Stamp Law Firm PLLC and experienced in representing clients in high-stakes cases. He serves clients throughout Virginia, including Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. If you have been arrested for a DWI in Virginia, contact the Stamp Law Firm as soon as possible.
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