Pennsylvania One Leg Stand Test
If you were recently arrested for DUI and were given the One Leg Stand test, you need representation! The prosecution will introduce the results of your field sobriety test into evidence as a way to convict you of DUI. We have successfully represented clients charged with DUI including those who have “failed” the One Leg Stand test. We will ensure your rights are protected!
The National Highway Traffic Safety Administration have standardized the One Leg Stand as a field sobriety test that officers can use to help determine if a person has been driving under the influence. However, there are many factors that must be looked at before it can be concluded that a person was DUI simply for failing this type of field sobriety test.
The protocol police must follow
To ensure that you are given a fair chance at passing the One Leg Stand, police must follow guidelines. For example, you cannot be expected to perform this test if you are more than 50 pounds overweight, have a physical limitation such as a wooden leg or you are over the age of 65. If you’re wearing heels more than two inches high, you must be allowed to remove your shoes in order to perform this test.
Before the officer can ask you to begin, they must first instruct and demonstrate to you how to perform the One Leg Stand. If they don’t, how can you be expected to pass the test? If it’s determined that you can perform the test, the officer will ask you to raise one leg (you can choose which leg) six inches off the ground. While tipping your head back and closing your eyes you will count out loud to 30. The officer will be checking to see if you sway, put your leg down or need to use your arms for balance—all possible signs that you are intoxicated.
The officer must make sure that this test is performed on a hard, dry surface and that there is enough lighting for you to see.
If weather conditions are poor such as high winds or heavy rain, you should not be asked to take the One Leg Stand.
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