If you have been arrested for DUI, you should discuss your case with a Redlands DUI attorney to see if there might be grounds for a defense. Sometimes the officers do not properly administer the field sobriety tests such as the one-leg stand test. This test mandates that the suspect stand upright while on one leg. The other leg should then be extended in front of the suspect in a stiff posture, with the foot held six inches both above as well as parallel with the ground. The suspect must then stare at the raised foot, and count aloud until ordered to cease, in the following manner: “one thousand and one, one thousand and two, one thousand and three …”
The officer is trained to administer the test in the following manner:
- Order suspect to stand with his or her feet together and arms at their sides
- Tell suspect to hold that position while being instructed; highlight that they should not commence with the test until told to “begin.”
- Ask suspect if he or she comprehends.
- Tell suspect that when the officer orders them to “begin” they need to lift their leg in a stiff posture, and hold their foot roughly six inches above the ground, with their toe pointed forward, making the foot parallel to the ground.
- Give a model of the correct one-legged stance.
- Tell suspect that they must keep their arms at their sides and are mandated to continue looking straight at the raised foot, while simultaneously counting in the following way: “one thousand and one, one thousand and two, one thousand and three,” and so on until asked to cease.
- Ask the suspect if they understand.
- Order the suspect to “begin.”
The officer is also provided with the following order:
- It is vital that the test last for thirty seconds. You are tasked with and required to keep time during this period. In the event that the suspect is a slow counter, you shall notify them when an actual thirty seconds has gone by, regardless of where the suspect is in their own count.
If the above information has left any unanswered questions or concerns, contact Redlands DUI Attorney Scott Stotz at 888-214-9153 for a free consultation.