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DUI Defense
Field Sobriety Tests -
Walk and Turn
In order to perform this DUI test it is
required that it be performed on a hard, dry, level, non-slipping surface
with sufficient room for the suspect to complete nine heel-to-toe steps.
This test loses some validity when conducted in certain wind/weather
conditions that counters this criteria. The manual calls for a
straight line, which must be clearly visible on the surface but in the DWI
course it is taught that the test can be performed parallel to the curb.
Conditions must be such that the suspect would be in no danger if he or
she were to fall.
Do you remember in Driver's education that the instructor told you never
to look at the wheels of a Tractor Trailer while it was driving beside
you? It was because we have a normal tendency to aim for where we are
looking. Try walking a straight line while looking at the curb sober, you
will be drawn to the curb.
There are some people that this test should not be given to because even
the average sober person would have difficulty with this test. People more
than sixty five years of age or over fifty pounds overweight, or with any
physical impairment that would affect their ability to balance should not
be given this test. The officer is trained to take this into account when
developing their probable cause to arrest. Individuals wearing heels more
than two inches high should be given the opportunity to remove their shoes
as this may diminish the validity of the results. Individuals who can not
see out of one eye may also have trouble with this test because of poor
depth perception and should not be given this test.
The Walk and Turn test is an objective test based upon certain predictable
errors that a person under the influence will display, as well as scoring
factors that will give the officer a basis for passing and failing other
than their subjective opinion.
In order to properly administer this test it is important to understand
what type of test this is. It is commonly referred to as a Divided
Attention Test because it divides the suspect's attention between mental
and physical tasks. The physical tasks include balance and coordination
while the mental tasks include comprehension of verbal instructions,
processing of information and recall of memory. While a person may be able
to perform one task they may not be able to perform the other if under the
influence of an alcoholic beverage.
While the suspect is performing this test, the officer must observe the
suspect from three or four feet away and remain motionless while the
suspect performs the test. Being too close or excessive motion may cause
the suspect to make errors they may not have committed otherwise. This
will cause some validity of the results to be lost as even a sober person
may have difficulty under these conditions.
The officer must give good verbal instructions and accompany this by
demonstrations when having the suspect perform this test. They must make
sure that the suspect understands the instructions and are trained to
receive an acknowledgement of same and to document that affirmative
response. This test is scored in relation to eight scoring factors that
can be seen in two separate stages.
The first stage of this test is called the Instruction Stage.
This will set the stage for the entire test. If the officer does not
follow training and procedure during this stage, it may affect the
validity of the entire test. The officer must verbally tell the suspect to
assume the heel to toe stance and must demonstrate this. The suspect is
told to place their left foot on the line and place their right foot on
the line ahead of the left foot, with heel of right foot against toe of
left foot. This must be demonstrated. In the absence of demonstration,
instructions alone decreases the tests validity.
The officer is instructed by way of training to make sure the right foot
is in front of the left foot to start, in order to maintain uniformity of
this test. This also becomes important later in the test during the
turning evaluation. If the suspect is instructed or demonstrated
improperly it may affect the suspect during this part of the test. After
accomplishing the starting position, the officer must inform the suspect
to remain in that position until they are told to start walking. The
officer must make sure that the suspect understands this.
Which foot do you favor? Would it feel unnatural to start with the other
one?
There are two ways that the officer can assess a point to the suspect's
performance. If the suspect cannot keep balance while listening to the
instructions, a point is scored. This item is only scored if the suspect
does not maintain the heel to toe position throughout the instructions.
The officer is trained to be conservative in their scoring and not to
score a point if the suspect sways or uses the arms to balance but
maintains the starting position during this stage.
Now it's OK to balance using your arms! (but only during this stage)
A second scoring factor is known as starting too soon. This is given when
the starts to walk before the officer instructs them to do so. This can
only be scored if the officer specifically instructed the suspect not to
start until told to begin and the suspect stated they understood this
instruction.
Have you ever thought a person was finished speaking and started to
respond before they were finished?
The second stage of this test is known as the Walking Stage.
The officer is to explain the test
requirements, using verbal instructions, accompanied by demonstrations. The suspect is informed again, that when told to start, they must take
nine heel to toe steps, turn around, and take nine heel to toe steps back. The officer must demonstrate two or three heel to toe steps for the
suspect. The officer then informs the suspect and demonstrates the same,
that when the turn is performed, the suspect must keep the foot on the
line, and turn by taking a series of small steps. If the officer
demonstrates or instructs with the beginning wrong foot, the way a suspect
turns will be affected also. The officer, then continues with informing
the suspect to keep their arms at their sides while walking, watch their
feet at all times, and to count their steps out loud. They must be told
that they can not stop once they start walking.
When the officer demonstrated the test did she remember to not look at the
ground?
If the officer does not reiterate the question of understanding or gain an
affirmative response the test may not be scored fairly and properly,
thereby invalidating the results.
Scoring the Walk and Turn
There are six scoring factors that can be observed in this stage. The
first one is if the suspect stops while walking to steady themselves. The
officer can not score this item if the suspect is merely walking too slow.
The suspect must pause for several seconds after one step. If this occurs,
the officer is trained to have the suspect begin from the point of
difficulty instead of starting over, as this test loses sensitivity if
repeated several times. Another scoring factor is referred to as not
touching heel to toe. This can be very subjective. If the suspect leaves a
one half inch or more between the heel and toe or does not walk straight
along the line they can only be assessed one point, no matter how many
times this occurred.
During the instruction stage if the suspect sways or uses their arms for
balance a point can not be scored. A point can only be scored if during
the walking stage, the suspect raises one or both arms more than six
inches from the side in order to maintain balance. If this is noticed to
be the normal position of the arms, as in some bodybuilders, the officer
is trained to take that into account and be conservative in their scoring. Any benefit of the doubt must be given to the suspect.
The next way a suspect can be given a point is if they lose balance while
turning. This item can only be scored if the suspect removes both feet
from the line while turning or does not take several small steps, and
pivots in one movement as in an about face movement. It is imperative that
the officer has demonstrated and articulated this movement properly in
order to be scored. It is important that the officer be conservative in
their evaluation of this turn and not be overly critical.
Finally, the last scoring factor is if the suspect takes the incorrect
amount of steps. This item is scored only once, even if the incorrect
amount of steps are taken in either direction. The suspect was instructed
to look down at their feet while performing this stage of the test and to
count their steps out loud, but if they don't adhere to these instructions
they can not be scored a point as these are not one of the scoring
factors.
There are two ways that the suspect can receive a maximum of eight points
on this test. If they step off the line three or more times or they can
not do the test. If they can not do the test, this must be explained by
the officer. A degree of reliability has been attached to this test of
68%. If the suspect receives two total points on this test, the officer is
trained to use this as probable cause to believe that the suspect is under
the influence of an alcoholic beverage and to make an arrest.
Complete the
FREE DUI Arrest Evaluation,
and Mr. Athen will contact you within one business day to discuss your
case.
While some law firms substitute attorneys,
(imagine walking into court to see someone that you have never
met there to represent you!) when you hire
Scott Athen to represent you in court, you get Scott Athen!
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