The one-leg stand test is one of three field sobriety tests that have been standardized by the National Highway Traffic Safety Administration, to determine whether a driver is suspect of a DUI. In order to be considered valid, the test must be administered in accordance with specific procedures. If you are ever subject to the one-leg stand test, you should try to remember all of the details of how the test was administered so that your Orange County DUI attorney can explore whether the officer who stopped you complied with the procedures.
Below are some of the rules an officer should follow when administering the one-leg Stand test:
• The test must be administered on a hard, flat surface in a safe location.
• If you have a sufficiently serious physical impairment or are overweight, the test should not be administered to you.
• The officer must clearly explain the test to you and demonstrate the steps.
If the officer who arrests you fails to follow the above procedures or any of the other mandatory procedures for the one-leg stand test, your Orange County DUI defense attorney may be able to obtain a ruling excluding evidence of the results from your trial. Even if he or she is unable to get the results excluded, your DUI attorney will argue the jury should not give the results significant weight because the test was administered improperly.
If your Orange County attorney convinces the jury that your field sobriety test results are not valid, you will be positioned to obtain an acquittal from the DUI charge against you.
To speak with an Santa Ana, Irvine, Costa Mesa, Fullerton, or Anaheim DUI defense attorney free-of-charge, please contact the DUI Law Offices of Chad Maddox at (714) 695-1500.