Georgia DUI: One-Leg Stand Test

The one-leg stand test (OLS) and the walk and turn test (W&T)in Georgia are “divided attention” tests and are two of the methods a police officer can use to determine if they believe you are driving under the influence.

The one-leg stand test is an incredibly inaccurate field sobriety test. Despite this, many law enforcement officers use it in field sobriety testing if they suspect you are driving under the influence. You must know your rights and that field sobriety testing, like the one-leg stand test, is voluntary and can be used against you in court.

Below we will explain the one-leg stand test, your right to choose whether or not you want to take a field sobriety test, and what happens when you fail a field sobriety test.

The One-Leg Stand Test in Georgia

When you find yourself on the side of the road and a police officer asking you to consent to the one-leg stand test, you need to know what to expect and your rights before making a decision.

If you are performing the OLS test, you must be on a hard, level, dry surface that isn’t slippery. In addition, road conditions must be safe, and not every area is ideal, which means the officer will need to either have you perform the OLS test in an alternative location or only administer the horizontal gaze nystagmus test (HGN).

It is crucial to recognize that research studies of the one-leg stand test indicate that people over 65, anyone with back, leg, or inner ear problems, and individuals overweight by 50 or more pounds often have difficulty performing this sobriety field test. It also shows that people wearing high heels that are 2 inches or more need to be allowed to remove their shoes as it may affect their results.

One-Leg Stand Test Procedures

Before conducting the one-leg stand test, the law enforcement officer will request you to do the following:

• Begin by standing with your feet together and your arms down at your side
• Wait until they tell you to start performing the test
• They will give you the instructions first, ask you if you understand them so far, and wait for you to confirm that you know before continuing. The instructions are as follows:
  1. Raise one of your legs approximately six inches off the ground
  2. Keep both of your legs straight with your arms at your side
  3. Hold the position
  4. Count out loud until they ask you to stop, usually for around 30 seconds: one thousand one, one thousand two, and so on; however, it could go on longer, which gives you less chance of success.
• They will then instruct you to perform the test.

Cobb County police and Georgia State Patrol officers are taught to conduct the one-leg stand test and watch for sure signs of intoxication, and write down their observations, including the following indicators:

1. A one-leg stand test Is known as a divided attention test. Using your arms for balance and moving them more than 6 inches away from the side of your body
2. Hopping up and down on one foot to maintain balance
3. Noting if you sway, are unsteady, or wobble around
4. Noting if you lower your foot down one or more times before the end of the 30 seconds and are unable to keep your foot raised

A one-leg stand test Is known as a divided attention test. They have you count out loud while standing on one foot, causing you to divide your attention between a physical and mental task. This test isn’t scientific and is often challenging for many adults making it a poor method for determining sobriety.

Sometimes an officer may make a mistake while administering the test, and this is the type of information that can be useful for an experienced DUI defense lawyer in court.

What Happens if You Fail a One-Leg Stand Test in Cobb County, Georgia

Unfortunately, if you fail a one-leg stand test, it may result in you being arrested. However, the benefit of failing the one-leg stand test is that it needs to be more accurate, and many factors make it almost impossible for a person to complete the test. Therefore, it is doubtful that you will be convicted of a DUI based solely on your results from a one-leg stand test.

For someone with physical or medical limitations, including leg pain or obesity, doing the one-leg stand test is challenging and painful. If you failed a one-leg stand test when you were pulled over by police in Georgia, hire an experienced DUI attorney to help protect your rights, help you avoid common mistakes, and fight for you in court.

Criminal Defense Attorney Andrew L. Schwartz in Cobb County, Georgia, is Here To Help You

If you are facing a charge of DUI in Marietta, Georgia, hire experienced Criminal Defense Attorney Andrew L Schwartz.

With skill and determination, Attorney Andrew L Schwartz will defend your rights and freedom if you face a serious felony or misdemeanor criminal charge such as DUI, burglary, drug charges, and more.

Contact Andrew L. Schwartz today for a no-obligation free legal consultation.