If you were arrested for DUI on the basis of your performance on the one-leg stand test, an experienced Pierce County DUI attorney may be able to raise a persuasive challenge to those test results. If you understand the procedures required to perform the test, you may be able to assist your Pierce County DUI attorney as she prepares your defense.
The one-leg stand test, while a simple concept, requires a number of instructions. First, the officer must instruct the driver to stand with his feet together and his arms held down at his sides. The officer should explain that the test does not begin until the officer tells the subject to start. Next, the officer should show the driver what to do when starting the test. The officer should personally demonstrate standing on one foot, extending and holding the lifted foot at least six inches above the ground. The lifted foot should be parallel with the road surface.
Next, the officer should instruct the subject to count, “one one thousand, two one thousand, three one thousand,” while holding the required position, until told to stop. The officer should tell the driver to try to hold the position for thirty seconds and to count accordingly. The driver’s arms must stay at his sides during the entire test.
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If you have questions about the reliability of your one-leg stand test results, an experienced Pierce County DUI attorney may have answers. Many factors, including a physical condition, illness, fatigue, or prescribed medication, could have affected your ability to complete the test. In addition, if the officer failed to follow the standardized instructions for the test, then the results are subject to challenge. If you would like me to review the facts of your case, please use the Free Case Evaluation form on this page to tell me about your situation, or call or email me directly.