Administration of the One-Leg Stand Test
If you are pulled over for suspicion of DUI, the police officer must administer any field sobriety tests in strict compliance with formalized procedures. If the officer fails to do so, your New Jersey DWI lawyer can argue in court that the test results should not be admissible against you. If your lawyer is successful, the judge in your hearing may never hear about your failed test.
Below are the procedures a police officer must follow when administering the one-leg stand test:
The Environment
The one-leg stand test should be administered on a flat, dry surface a safe distance from traffic and any other hazards. If environmental conditions when you are tested put you at an unfair disadvantage, your New Jersey DWI attorney can argue that you failed your test because of the environment, and not because of intoxication.
The Instructions
The one-leg stand test requires you to stand on one leg while the other leg is extended in front of you approximately six inches above the ground. You will then need to count aloud until told to stop while staring at your elevated foot. The specific instructions an officer must give you before administering the test are below.
- The officer must begin by instructing you to stand with your feet together and arms down at the sides.
- The officer must then instruct you to maintain your standing position while he or she tells you the steps of the test. The officer should remind you not to begin performing the test until he or she completes reciting the instructions and confirm you understand the instructions.
- Next, the officer must give you the steps of the test: after the officer says “begin,” you must raise your leg in a stiff-leg manner and hold the foot approximately six inches off the ground, with the toe pointed forward so that the foot is parallel with the ground.
- After describing the one-leg stand posture, the officer must demonstrate it
- Next, the officer will tell you that you must keep your arms at your sides and look directly at your elevated foot while counting in the following fashion: “one thousand and one, one thousand and two, one thousand and three,” and so on until told to stop.
- Finally, the officer will confirm you understand all of the instructions, and then tell you to “begin.”
Any failure on the officer’s part to properly recite the above instructions may open the door for your New Jersey DWI lawyer to exclude your test results from trial.
We Can Help
A failed field sobriety test does not automatically mean you will be convicted of DWI. Your New Jersey DWI lawyer will have various tools at his disposal to discredit the test results and hopefully, find grounds to keep them out of court. Keeping the judge from hearing about your test results may the key to obtaining an acquittal from your DWI charge. For a free consultation with a New Jersey DWI lawyer, please contact Law Office Of Dan Matrafajlo, Esq. at (908) 352-1100.