June 24, 2018 | DUI

Omaha, NE – The One Leg Stand is the second divided attention field sobriety test, meaning it is a test that requires the subject to concentrate on both mental and physical tasks at the same time. Much like the Walk and Turn this test has two stages during which the subject is being observed, the instruction stage and the performance stage.

During the instruction stage, the officer will tell you to stand still while provide verbal instructions regarding how to perform the test and a demonstration. Next officer will ask if you understand the instructions before asking you to perform the test.

During the performance stage, you raise one leg with your foot parallel and approximately six inches off of the ground. For the duration of the test you will be told to keep your hands down and to your sides, you will then count in thousands (one-one thousand, two-one thousand, etc.) while looking at your foot until instructed to stop, unless otherwise told in the instruction stage.

During the test the law enforcement officers look for signs of impairment or intoxication, including:

1. Swaying
2. Using your arms to help you balance
3. Hopping
4. Putting your foot down
5. Starting before told to begin
6. Failing to maintain your balance during the instruction phase

Additionally, certain people are not supposed to be asked to perform the test, including those who are overweight, people over the age of 65, a person with a physical limitation, and persons with a middle-ear, leg, or back problem. Additionally, if you are wearing heels higher than two inches you should be allowed to remove your shoes prior to taking the test.

This test is designed for failure and you should think hard before agreeing to submit to field sobriety testing, especially the One Leg Stand. This test can be challenged based on the circumstances under which it is performed such as condition of the roadway or parking lot, including slope or presence of sand or gravel, and distractions around the subject including flashing lights and passing cars on the road way if performed on the shoulder.

Fortunately, many law enforcement vehicles are equipped with cameras, and some officers even have body cams that record the important details for an objective determination as to conditions, performance and indicators of intoxication.

It is to your benefit to obtain a lawyer who can do discovery and gather this important documentation for review.

If you have an issue with a DUI, contact HYAttorneys.com in Omaha, NE

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