Utah DUI One-Leg Stand
The one-leg stand test may sound kind of silly; after all, you're just balancing on one leg. However, your performance on this test can be used as evidence of your intoxication if you have recently been arrested for driving under the influence (DUI) in Utah. In order to build a case against you, the officer will try to collect as much evidence as possible to prove that you are impaired. Part of this evidence includes the field sobriety tests.
The One-Leg Stand Test
Like the walk-and-turn test, the one-leg stand is classified as a "divided attention" test that divides your attention between mentally listening to and following directions and physically performing an action. When a person is impaired, his or her physical and cognitive abilities become diminished.
Before performing the test, the officer will provide you with instructions and demonstrate what you are supposed to do. Then, you will stand on one foot while your other foot is six inches off of the ground and your toes are pointed. With your arms by your side, you will then count out loud by thousands (i.e., one-one thousand, two-one thousand, etc.) until you reach thirty.
While you are performing the test, the officer will look for four signs of intoxication. These include: putting your foot down early, hopping, swaying, and using your arms for balance. If you exhibit two or more of these signs, you can be placed under arrest for DUI.
Challenging the One-Leg Stand
The one-leg stand test has a number of problems. For example, the test must be performed on level, dry, flat ground in order to be deemed accurate. In addition, the environment in which the test is performed can be very distracting; most people will have difficulty concentrating when they are scared and vehicles are traveling down the road beside them while the patrol car's lights are flashing. In addition, those more than 50 lbs overweight, over 65 years old, or with certain physical conditions should never be asked to take the one-leg stand test.
Don't let a failing score on the field sobriety tests keep you from fighting your DUI charge. We understand that these tests aren't always accurate and will challenge your results if we uncover any errors.