DUI Lawyer | Joel Brand, Esq.

Field Sobriety Test: Walk-and-Turn

The Walk-and-Turn (WAT) test is one of the standardized field sobriety tests (SFSTs) used by law enforcement officers to assess a person’s level of impairment due to alcohol or drugs. It is a divided attention test, which means it requires both mental and physical coordination to perform successfully. This article will delve into the details of the Walk-and-Turn test, its purpose, how it is administered, and its significance in DUI cases.

Purpose of the Walk-and-Turn Test

The primary purpose of the Walk-and-Turn test is to provide law enforcement with an objective method to evaluate a driver’s impairment. The test is designed to simulate the divided attention tasks required for safe driving. According to the National Highway Traffic Safety Administration (NHTSA), the Walk-and-Turn test is a reliable indicator of a driver’s blood alcohol concentration (BAC) and their ability to operate a vehicle safely .

Administration of the Walk-and-Turn Test

The Walk-and-Turn test consists of two stages: the instruction stage and the walking stage. Each stage involves specific instructions and performance criteria that officers observe to determine impairment.

Instruction Stage

  1. Initial Position: The officer instructs the suspect to stand with their feet heel-to-toe, arms at their sides, and to remain in this position while listening to the instructions. This position itself can be challenging for impaired individuals to maintain.
  2. Instructions: The officer explains and demonstrates the test. The suspect is told they will take nine heel-to-toe steps along a straight line, turn on one foot, and return nine heel-to-toe steps back along the same line. The officer will demonstrate this process to ensure the suspect understands.
  3. Confirmation: The officer asks the suspect if they understand the instructions. Any signs of confusion or inability to follow the instructions can be noted as evidence of impairment.

Walking Stage

  1. Walking: The suspect begins the test by taking nine heel-to-toe steps along the straight line. They must count each step out loud, keep their arms at their sides, and look at their feet while walking.
  2. Turn: After the ninth step, the suspect must turn using a series of small steps with one foot while keeping the other foot on the line. The exact method of turning is demonstrated by the officer.
  3. Return: The suspect then takes nine heel-to-toe steps back along the same line, counting each step out loud.

Observations and Clues of Impairment

During the Walk-and-Turn test, the officer observes the suspect for eight specific clues that indicate impairment. These clues are:

  1. Cannot maintain balance during instructions: The suspect cannot keep balance while listening to the instructions.
  2. Starts before instructions are finished: The suspect begins walking before the instructions are completed.
  3. Stops while walking: The suspect pauses during the walking stage.
  4. Does not touch heel-to-toe: The suspect leaves a gap between the heel and toe of the steps.
  5. Steps off the line: The suspect steps off the imaginary line.
  6. Uses arms for balance: The suspect raises arms more than six inches from their sides.
  7. Improper turn: The suspect turns incorrectly.
  8. Incorrect number of steps: The suspect takes more or fewer than nine steps.

According to the NHTSA, if the officer observes two or more of these clues, there is a significant probability that the suspect’s BAC is 0.08% or higher .

Significance in DUI Cases

The Walk-and-Turn test is a critical component of DUI investigations and can significantly impact the outcome of a DUI case. The results of the test are often used by the prosecution to demonstrate impairment. However, the reliability of the test can be challenged on various grounds:

  1. Environmental Conditions: The test must be conducted on a level, dry, and non-slippery surface. Poor conditions can affect the suspect’s performance and lead to inaccurate results.
  2. Suspect’s Physical Condition: Certain medical conditions, injuries, or age-related issues can affect a person’s ability to perform the test, even if they are not impaired.
  3. Officer’s Instructions and Observations: The accuracy of the test can be influenced by how well the officer explains the instructions and observes the suspect’s performance. Inconsistencies or errors in the administration of the test can be used to challenge its validity.

Legal Challenges and Defense Strategies

As a California DUI attorney, understanding the potential flaws in the Walk-and-Turn test can provide valuable defense strategies for clients facing DUI charges. Some common defense strategies include:

  1. Questioning the Officer’s Training and Experience: The defense can challenge the officer’s qualifications and experience in administering the test. Any lack of proper training or certification can weaken the prosecution’s case.
  2. Environmental Factors: The defense can argue that adverse environmental conditions, such as uneven surfaces, poor lighting, or inclement weather, affected the suspect’s performance.
  3. Physical and Medical Conditions: The defense can present evidence of the suspect’s physical or medical conditions that could have impacted their ability to perform the test.
  4. Improper Administration: The defense can highlight any deviations from the standard procedures in the administration of the test. Inconsistencies in the officer’s instructions or observations can be used to cast doubt on the reliability of the test results.

Conclusion

The Walk-and-Turn test is a widely used tool in DUI investigations to assess a driver’s level of impairment. While it is considered reliable by law enforcement, various factors can affect its accuracy and validity. As a California DUI attorney, it is crucial to scrutinize the administration of the test, environmental conditions, and the suspect’s physical and medical conditions to build a strong defense. By understanding the nuances of the Walk-and-Turn test, attorneys can effectively challenge its results and advocate for their clients’ rights.

Citations

  1. National Highway Traffic Safety Administration (NHTSA). “DWI Detection and Standardized Field Sobriety Testing (SFST) Student Manual.” https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_student_manual.pdf
  2. NHTSA. “The Robustness of the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand Field Sobriety Tests.” https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/810888_field_validity_tests.pdf