New York DWI: One-Leg-Stand Field Sobriety Test
A driver who is stopped and suspected of driving while intoxicated in New York will be required to take a field sobriety test that will most likely include the one-leg-stand test. The one-leg-stand test has two stages. The first stage of the one-leg-stand test is the instruction stage. The second stage of the one-leg-stand test is the balance and counting stage.
During the instruction stage of the one-leg-stand test, the driver will be required to stand with their feet together, arms by their side, and listen to instructions on how to perform the test. The instruction part of the test is designed to divide the driver’s attention between maintaining the stance and listening and recalling instructions.
During the balance and counting stage of the one-leg stand test, the driver must keep one of their legs raised to a point where their foot is approximately six inches off the ground and maintain this position while counting “one thousand and one”, one thousand and two”, “one thousand and three” until instructed to stop. The balance and count stage is designed to divide the driver’s attention between balancing on one foot and counting aloud. The officer is supposed to have the driver perform the balance and count stage for approximately 30 seconds.
The officer is trained to look for four specific clues during the one-leg-stand test: swaying; arms being used to balance; foot dropping and hopping. A driver who exhibits two or more clues is presumed by law enforcement to have a BAC greater than 0.10. The National Highway Traffic Safety Administration claims that the walk and turn test is 65% accurate which means the test is inaccurate 35% of the time.
