Interviewer: What about the one-leg-stand Test?
Kevin Roach: The one leg stand is also a divided-attention test. It divides the driver's attention between mental and physical test. Essentially, there are two components to the one-leg test: the instructional component, and the balance and counting component.
The instruction stage of the test is designed to divide the driver's attention by having the individual stand with the feet together, keeping both arms at the sides while listening to instructions. The officer must then physically demonstrate, just like the walk-and-turn test. They have to demonstrate what the driver is supposed to do. The driver must be told to hold one of his feet – he can choose which foot – six inches off the ground, in front of his body, with the point of his toe forward. Keep both legs straight. Keep his or her arms down to the sides. Watch the raised foot, and to count out loud until told to stop. The officer should tell the driver to pick his or her foot up if it comes down and resume counting where he or she left off.
After that, the officer must determine after 30 seconds whether the driver followed the instructions correctly. The officer looks to see whether or not they are using their arms for balance, whether they are swaying while balancing, whether they put their foot down to rest, or whether they are hopping.
As you can imagine, these aren't scientific tests. They're really subjective tests. The officer judges whether someone sways or not; sometimes it's really unclear but as you can imagine, the officers are the judge and jury on this. They determine whether or not you passed or failed these tests.
Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!