This is one of three standardized field sobriety tests. You’ll be instructed at your choice pick one foot. Hold one foot up about 12 to 18 inches. Point your toe at your head and count to 30,000 by one one-thousands. You can’t hop. You can’t put your foot down. You can’t sway. Those would be clues at proving intoxication.
There are two steps to giving this field sobriety test, the first being instruction, and the second being performance. In the instruction phase, the officer does exactly what it sounds like. They give you instructions and then proceed to demonstrate the test. During the second stage, the performance stage, you complete the test per the officer’s previous instructions and demonstration. If during your performance of the field sobriety test, you exhibit any of the clues previously mentioned such as swaying, you would fail the exam. This failure of the exam gives the officer probable cause to continue with the arrest proceedings for drunk driving.
There are ways to contest this exam if you feel as though it was not properly administered or it did not indicate your level of intoxication. Some of those challenges that can be made if you feel that this is an unfair test for you to be performing because of extraneous circumstances include leg or back problems, obesity or being above the age of 65. Luckily, if you are wearing heels that are higher than two inches, which are difficult to walk in to begin with, you are allowed to take them off before taking the one leg stand test so you are on a level playing field.
If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.
