New York DWI One-Leg Stand Test

In New York, police officers often use a series of field sobriety tests to determine if a driving while intoxicated (DWI) arrest can be made. If you were recently arrested and charged with drunk driving after performing the New York DWI one-leg stand test, calling an attorney experienced with DUI defense is in your best interest.

To administer the one-leg stand test, the officer must first make sure you are on a hard, level, non-slippery surface. Those who are older than 65, more than 50 pounds overweight, or who have a physical impairment that would affect performance should not be asked to take the one-leg stand test.

The one-leg stand test consists of two stages: instruction and performance. During the instruction stage, you will be asked to stand with your arms by your side and your heels together while listening to the officer. During his or her instructions, the officer must demonstrate the test. After explaining the one-leg stand, the officer will ask if you understand the instructions.

In the performance stage, you must stand on one foot (your choice) and keep the other foot raised six inches off the ground. You must then count aloud for 30 seconds, saying “one-one thousandth, two-one thousandth,” until you reach 30. During the test, you have to keep your hands by your sides and look at your feet while trying to maintain your balance.

The office is looking for five behaviors during the one-leg stand test: raising arms in order to balance, hopping, swaying, putting your foot down, or failing to complete the test. Two or more of these signs can be probable cause for arrest.

If you were arrested after failing the one-leg stand test, you should contact an experienced DWI defense attorney. The one-leg stand test is entirely subjective, and a person could fail it many reasons other than being intoxicated. Your attorney can investigate to determine if the officer administered the test properly.

To learn more about the New York one-leg stand test and speak with a skilled defense attorney in your area, please fill out our convenient online form now.