In California, police use field sobriety tests during traffic stops to check if a driver is impaired by alcohol or drugs. One common test is the walk-and-turn test. The National Highway Traffic Safety Administration (NHTSA) considers this test one of three standardized field sobriety tests, meaning its results can be used as evidence in DUI cases.
What is the Walk-and-Turn Test?
The walk-and-turn test is designed to see if a driver can follow instructions and maintain balance. It's a divided attention test, which means it requires you to focus on two things at once: standing without staggering and listening to instructions.
How the Walk-and-Turn Test is Done
- Instructions and Demonstration: The police officer will explain and show you how to do the test.
- The Test: You walk in a straight line, heel-to-toe, for nine steps with your arms at your sides. Then, you turn around and walk back in the same manner.
Conditions for a Proper Test
- A straight line
- A dry, hard, and level surface
- Enough space for nine steps
- Option to remove high-heeled shoes
Clues of Impairment in the Test
The test looks for eight signs of impairment:
- Losing balance while listening to instructions
- Starting before told to do so
- Not touching heel to toe
- Stepping off the line
- Stopping while walking
- Raising arms for balance
- Turning incorrectly
- Taking the wrong number of steps
If you show two or more of these signs, it might indicate your blood alcohol content (BAC) is over 0.08%. However, this test can be unreliable.
Problems with the Walk-and-Turn Test
Police Errors
- Officers might not give clear instructions or may misinterpret your actions.
Health Conditions
- Not suitable for those over 65 or with back, leg, or ear problems.
- Anxiety and other mental conditions can affect performance.
Environmental Conditions
- The ground might not be level or dry.
- Weather, traffic noise, and poor visibility can also affect the test.
Why These Issues Matter
Failing the test can be used against you in court, leading to DUI charges. But if the test was flawed, it might not be a fair indicator of impairment. Challenging the results could help dismiss or reduce charges.
Five Ways to Challenge Field Sobriety Test Results
- Improper Administration: Review video or audio evidence to see if the officer made mistakes.
- Environmental Impact: Check if road or weather conditions affected the test.
- Health or Clothing Issues: Assess if your health or what you wore impacted your performance.
- Subjective Assessment: Look at videos or testimony to question the officer's judgment.
- Rights Violations: Ensure your constitutional rights were not violated during the stop.
Contact Our DUI Defense Attorney in Sacramento
At the Law Office of John Campanella, we understand that walk-and-turn tests can be unreliable. Our DUI defense lawyer will examine your case and challenge the results of any field sobriety tests, breath tests, or blood tests. If needed, we will file motions to exclude faulty evidence. Contact us today at (916) 498-8460 or fill out our online form to schedule a consultation.
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