Are Field Sobriety Tests Accurate? Looking at the One-Legged Stand
One thing you should know about field sobriety tests is that you’re not required by law to take them under Florida’s implied consent law. You should exercise this right, because they are designed to fail you and have no scientific merit whatsoever. Despite what legal authorities have to say, these tests are fraught with serious problems that render them unscientific. For example, false positives for the horizontal gaze nystagmus are estimated at 77%. In this article, the Orlando DUI attorneys at FL DUI Group will discuss the one-legged stand and why it’s bogus.
The one-legged stand
The one-legged stand is one of three tests that are authorized by the NHTSA to perform on potentially drunk drivers. But unless you’re a running back in the NFL, you don’t do balance training on a regular basis. Having difficulty balancing can indicate impairment, but it can indicate several other things as well.
To complete the test, the officer will ask the suspect to stand on one leg for a period of around 30 seconds. They will tell you to raise your leg one foot off the ground. You are expected to balance on the leg for the entire 30 seconds without swaying or resting. If you can accomplish this, you’ve passed the test. If you’re like most of us, there will be some swaying at the very least. Field sobriety tests are designed to fail you so that police have probable cause to arrest you and administer a breath or blood test.
In addition, it can be very difficult even for physically fit people to balance on one leg for 30 seconds without falling off balance. You should give it a try. You’ll see what we mean. Were you able to stay completely still?
Imagine taking the test if you are overweight. It would be much more difficult to balance on one leg. In addition, if you have problems with your ankles, knees, or hips, you would not perform well on this test. Older individuals would also struggle with this test, since balance becomes harder as we age.
In addition to personal infirmities, you have the environment playing a large factor in this test as well. Balancing on the side of the road while cars are flying by is much more difficult than balancing in your living room with the lights on. When it’s dark, you’ll have a much more difficult time fixing your eyes on a point that will help you stay balanced.
Any of these circumstances can make the test give off a false positive.
Talk to an Orlando DUI Attorney Today
The Florida DUI defense lawyers at FL DUI Group represent the interests of individuals who have been charged with DUI. Call our office today to schedule an appointment, and we can begin preparing your defense right away.
