DUI/DWI One-Leg Stand Test

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one leg stand.bmpThe third test administered by the officer is the one-leg-stand test. This test requires a reasonably dry, hard, level, and nonslippery surface. The suspect is instructed to:

  • Stand with their feet together and arms at the side, until the instructions are complete
  • Raise either leg so their foot is six inches off the ground, keeping the foot parallel to the ground
  • Keep both legs straight and arms at their sides
  • Hold the position while counting out loud

The officer is required to time it for 30 seconds and to record clues if the subject:

  1.  Puts the foot down
  2.  Raises arms more than six inches from the side of the body in order to keep balance
  3.  Hops
  4.  Sways while balancing

Judges are reasonable and are supposed to be objective. The one-leg-stand test is difficult to preform error free, while sober, under perfect conditions. Often this test is administered on busy highways, at night, with traffic flying by, and the suspect my be nervous and experiencing extreme anxiety. Some traffic stops are videoed. If a video tape exists your Maryland DWI attorney must obtain it through discovery. Often these videos show that the suspect did not perform the test as poorly as the police officer indicates, sometimes they don't. Any factor that compromises the individual's ability to perform the test, such as age, health, footwear, etc., should be conveyed to the judge by an experienced Maryland DUI lawyer.

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