Offices
by Appointment 10480 Little Patuxent Parkway
Suite 400
Columbia, Maryland 21044
Mailing
Address Post Office Box 694
Columbia, MD 21045
Telephone 443-324-5289
Facsimile 410-740-8704
DUI Defense
Field Sobriety Tests -
One Leg Stand
In order to perform this test, it must be
performed on a hard, dry, level, non-slippery surface. Conditions must be
such that the suspect would be in no danger if he or she were to fall.
Certain wind/weather conditions obviously may interfere with and affect
the validity of this test. This test should not be given to persons who
are more than sixty-five years of age, more than fifty pounds overweight,
or with physical impairments that interfere with balance. Individuals
wearing heels more than two inches high should be given the opportunity to
remove their shoes as this may diminish the reliability of the results. The officer is trained not to give this test if there is not adequate
lighting to perform it. In total darkness, even the average, sober person
may have difficulty with this test, due to their visual frame of reference
being taken away.
It is imperative that the officer observe the DUI suspect from at least
three feet away, and remain as motionless as possible while the suspect is
performing this test. If this is not done, the test may be interfered with
and ultimately affect the results and validity.
In the administration of this DUI test, there is also two separate stages
involved.
The first stage is called the "Instruction" Stage.
The test is
initiated by giving verbal instructions, followed by and accompanied by
demonstrations of those instructions. The officer is trained to advise the
suspect to stand with their heels together and arms down at their sides. The officer must demonstrate this. The officer must also inform the
suspect not to start the test until told to do so, and must receive an
indication from the suspect that they understand the instructions so far
and to document this acknowledgement. There are no scoring factors
involved until the suspect is into the next stage which is called the
Balance and Counting Stage, unless the suspect can not perform the test at
all. This would give the suspect a maximum score of four points and would
necessitate explanation on the part of the officer.
The second stage is the "Balance and Counting" Stage.
The officer is
required to explain the test requirements further by instructing the
suspect to stand on one leg, holding the other foot in front, while the
officer demonstrates. The suspect should be allowed to stand on either leg
that they wish. The suspect is instructed to keep the foot raised about
six inches off the ground. The officer demonstrates this and should advise
the suspect if it isn't to the officer's satisfaction. The suspect
is further instructed that while they are standing, they will count out
loud for 30 seconds, and the officer will demonstrate the count as
"one-one thousand, two-one thousand", etc., all the way to thirty-one
thousand. The suspect is told to look down at their foot while counting
and throughout the entire test, to keep their arms at the sides at all
times. They are told to refrain from hopping or swaying while standing. The suspect must again acknowledge that they understand the instruction to
retain validity of the test. The test is then begun.
A suspect may be scored a point for the following
reasons:
1. Suspect sways while balancing. The officer is trained not to be too
critical in this scoring as the suspect is a living, breathing person, and
some sway will be noticed as a result of this. The swaying that can be
scored is a marked sway, such as a back-and-forth motion while the suspect
maintains the one-leg-stand position.
Ask yourself this: is it easier to balance yourself on one foot or two?
2. The suspect uses the arms for balance in respect to having their arms
six or more inches from the side of the body. Again it must be taken into
account, the distance from the body that the suspect might normally start
with, such as in the case of bodybuilders. If the suspect puts their foot
down, regardless of how many times, they are only given one point on this
scoring factor. The suspect should be allowed to continue from the point
of difficulty as this test may lose sensitivity if repeated several times.
The suspect has been instructed to keep watching their raised foot and to
count out loud, but if they do not follow either of these instructions,
they are not scored any points, as it is not a part of any scoring factor.
Ask yourself this: why does a circus tightrope walker use that long pole?
It is to allow herself to displace her weight over a larger area to make
it easier to balance in an unnatural position?
If the suspect counts too slow it is imperative that the officer stop the
test after thirty seconds have elapsed as this may affect the scoring and
validity of the test. The officer is trained to time thirty seconds of
total test time. If the suspect counts too fast the officer is instructed
to slow them down.
3. The last scoring factor in this test is when a suspect hops on one
foot. This is scored only if they resort to hopping on the anchor foot in
order to maintain balance. It should not be scored if the suspect is
having difficulty by moving the anchor foot back and forth. The officer is
supposed to be able to distinguish this as part of their training and to
allow the suspect this benefit.
Ask yourself this: when you feel you are about to fall, do you reflexively
begin to hop to keep yourself from falling?
Scoring the One Leg Stand
The suspect can receive a maximum score on this test in two ways. This
will happen if the suspect puts their foot down three or more times during
the thirty second count, or otherwise demonstrates that they can not do
the test. The officer must be able to articulate why they felt the
defendant could not do this test. The degree of reliability attached to
this test if it is demonstrated and scored properly is 65%. The officer is
trained to use this as probable cause to arrest the suspect for DUI.
For purposes of the arrest report and courtroom testimony, the officer is
trained that it is not simply enough to report the suspect's "score" on
the three tests. The numeric scores are only important to the police
officer in the field to determine probable cause. It is insufficient to
secure a conviction, and must be accompanied by more descriptive evidence. The officer is trained that they must be able to describe how the suspect
performed, and exactly what the suspect did when he or she performed the
test and when these clues occurred. The manual provided to the officer has
a standard note-taking guide which should be utilized to assist the
officer and prove the case.
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It is imperative that the officer observe the DUI suspect from at least
three feet away, and remain as motionless as possible while the suspect is
performing this test. If this is not done, the test may be interfered with
and ultimately affect the results and validity.