One Leg Stand | Field Sobriety Test | Riley & Wells | Attorneys At Law

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One Leg Stand

Alcohol is a depressant that slows down your body's central nervous system. This is known to cause an inability to your keep balance. If you are stopped for DUI in Virginia, then the police officer may have you perform a field sobriety test known as the One Leg Stand. This field sobriety test is approved by the National Highway Traffic Safety Administration. If you are over 65 years old or are more than 50 pounds over weight, then the officer should not administer this test as part of testing protocol. Also, if you have a physical disability, then you should not perform this test.

The One Leg Stand is a divided attention test designed to see if you can follow instructions as well as perform the tasks required. The Officer will instruct you to raise one leg, with the foot approximately six inches off the ground, keep your arms at your side at all times, watch the raised foot, and count to 30. The Officer will score you on 1) swaying while balancing, 2) using your arms for balance, 3) hopping, 4) putting your foot down and 5) inability to complete the test by putting your foot down more than two times. If the officer notices two of any of these clues, then you have failed the One Leg Stand.

The test conditions are imperative to your case. It must be administered on a hard, dry, level surface. The officer also needs to make sure the testing spot is in a safe place so that if you should fall, then you will not be in danger. The Officer should also provide lighting if the stop occurs during the night. The Officer's flashlight can be used to illuminate the ground. A good rule to go by is if you and the officer can see each other well. If you were wearing shoes with heels more than two inches high, then you should be given the opportunity to remove them.
 

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The Virginia attorneys at the law firm of Riley & Wells practice criminal defense, DUI/DWI defense, traffic law defense, speeding ticket defense, and represent their clients throughout the Commonwealth, including: Richmond VA, Ashland, Beaverdam, Bon Air, Bowling Green, Caroline County, Chester, Chesterfield County, Colonial Heights, Dinwiddie County, Doswell, Glen Allen, Goochland County, Hanover County, Henrico County, Highland Springs, Hopewell, King William County, Midlothian, Mechanicsville, Montpelier, New Kent County, Louisa County, Petersburg, Powhatan County, Prince George County, Rockville, Sandston, Short Pump, Studley, and Varina.  We also represent out-of-state clients.


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