The One Leg Stand test requires a 98 or better for you to Pass! by Collin County DWI lawyer Troy Burleson
by Plano DWI attorney Troy Burleson
Officers administer field sobriety tests to citizens they suspect are guilty of DWI/DUI. According to most officers, these tests give the citizen a chance to prove he or she is not intoxicated. With that in mind, the question should be, “how fair are these tests?” More to the point, “are these tests designed to make a person look bad or look good?” Let’s take a look at the instructions of one of the field sobriety tests, the one leg stand, and the possible errors and see if we can mathematically determine if these test or fair.
One Leg Stand Instructions
1. Stand with feet together
2. Stand with your arms down to your side
3. Do not begin until instructed
4. Were instructions understood
5. Stand on one foot
6. The other foot held out straight about six inches off the ground
7. Point toes forward
8. Toes parallel o the ground
9. Count from one to thirty by thousands (1001, 1002, etc.)
10. If your foot goes down, restart at point of interruption
One Leg Stand Possible Errors
{Note: an error could be scored at each count during test performance}
1. Puts foot down 30
2. Hops 30
3. Raises arms (more than six inches) 30
4. Sways (must be noticeable) 30
TOTAL POSSIBLE ERRORS 120
NUMBER OF CLUES TO FAIL TEST 2
Let’s Do the Math:
There are 120 possible errors on the One Leg Stand Test. To fail, the officer only needs to observe 2 errors, or clues. A simple mathematical formula will show:
2/120 =X/100
X=200/120
X=1.67
THEREFORE—You MUST score “98” to PASS the One Leg Stand Test based on 100 Possible Points.
Question—How many tests have you taken in your life in which a 97 or below was a FAILING GRADE?
Do you still think that the field sobriety tests are designed to make you look good? NO, they are designed to make you fail.
