The One-Leg Stand Test: A DUI Trap You Must Fight

The One-Leg Stand (OLS) test is one of the three standardized field sobriety tests (SFSTs) endorsed by the National Highway Traffic Safety Administration (NHTSA). Along with the Horizontal Gaze Nystagmus (HGN) test and the Walk-and-Turn (WAT) test, the OLS is used by law enforcement to assess a driver’s level of impairment during a DUI investigation. While this test may appear straightforward, its reliability and administration are subject to scrutiny in court. If you’ve been subjected to a field sobriety test and now face DUI charges, you need to act fast—call The Law Office of Joshua A. Lopez, LLC today!

How the One-Leg Stand Test is Administered

During the OLS test, an officer instructs the suspect to stand with one foot approximately six inches off the ground while keeping their arms at their sides. The individual must maintain this position for 30 seconds while counting aloud in thousands (“one thousand one, one thousand two,” etc.). The officer observes for the following four clues of impairment:

1. four clues of impairment:
2. Using arms for balance
3. Hopping to maintain position
4. Putting the foot down before the time is up

According to NHTSA research, if two or more clues are present, the suspect is likely to have a blood alcohol concentration (BAC) of 0.08% or higher, with an estimated accuracy of 83% when combined with the other SFSTs.

Vertical HGN: A Sign of Severe Impairment?

Vertical Gaze Nystagmus (VGN) is a lesser-known but equally significant test officers may use during a DUI stop. Unlike HGN, which detects eye movements from side to side, VGN examines involuntary jerking when the eyes move up and down. Law enforcement often associates VGN with higher levels of intoxication or the presence of certain drugs. However, like HGN, VGN can also be caused by medical conditions, fatigue, or incorrect administration by an officer.

Limitations and Challenges of the OLS Test

While the OLS test is a common tool in DUI enforcement, it has several inherent weaknesses that can be challenged in a legal setting

1. Medical Conditions and Physical Limitations – Neurological disorders, injuries, obesity, or even inner ear problems can affect balance, leading to false indicators of impairment.
2. Environmental Factors – Uneven pavement, poor lighting, and adverse weather conditions can make it difficult for anyone to perform the test accurately.
3. Officer Subjectivity – The officer’s interpretation of the suspect’s performance is inherently subjective, and minor variations in execution can lead to a failed test.
4. Nervousness and Fatigue – Anxiety or exhaustion can cause an individual to exhibit signs that mimic impairment, even in the absence of alcohol or drugs.

Defending Against the One-Leg Stand Test in Court

For defense attorneys, challenging the OLS test can be an effective strategy in DUI cases. Key areas to explore include:

• Questioning the officer’s adherence to NHTSA guidelines – Any deviation from standardized procedures can undermine the test’s validity.
• Highlighting alternative explanations for “failure” – Medical records, expert testimony, or environmental factors can provide reasonable doubt.
• Cross-examining the officer’s subjective assessment – Demonstrating inconsistencies in the officer’s observations can weaken the prosecution’s case.

Take Immediate Action – Call Now

The One-Leg Stand test is a widely used field sobriety test, but it is far from infallible. A DUI charge can have life-changing consequences, including license suspension, hefty fines, and even jail time. Don’t wait—call The Law Office of Joshua A. Lopez, LLC for a strong defense! The sooner you act, the better your chances of fighting back against these charges. Your future is on the line—call now!