Atlanta, Georgia One-Leg Stand Test
The one-leg stand test was designed to test both cognitive and physical abilities, which can become diminished as a result of the effects of alcohol. This test consists of two phases: instruction and performance. During the instruction phase, the officer must clearly explain how the test will be conducted and demonstrate what is expected of the driver.
During the performance phase, you will be asked to stand with one foot six inches off the ground. While your foot is in the air, you must count in thousands (i.e., one-one thousand, two-one thousand, etc.) until told to stop. In addition, your arms must be kept by your side and you will be instructed to look down at your pointed foot.
The officer will look for four “clues” while you are performing the test: putting your foot down before the test is over, hopping, using arms for balance, and swaying. If the officer observes two of these clues, you will meet the criteria for a drunk-driving arrest.
This test is notoriously difficult to pass. Many people have problems balancing on one foot, and factors such as cold night air, loose gravel, and the flashing lights of the patrol car can make concentrating next to impossible. Your Atlanta DUI lawyer can argue that your poor performance was due to nervousness rather than intoxication.
Grading the Atlanta, Georgia one-leg stand test is also very subjective. The officer, who may already believe that you are drunk, could be biased when grading this test. If there is videotape evidence of your field sobriety tests, your DUI lawyer can review it to determine if your score was fair. If it was not, this will be useful to your defense.
Do you have questions about your pending DUI case and the one-leg stand test? If so, submit your case information online today, and Tom Thomas, Attorney At Law will get in touch with you shortly.