The One Leg Stand

A Balancing Act You Won't Want To Take

Just like for the Walk & Turn, the One-Leg Stand is a "test" commonly used by police to measure a DUI suspects level of impairment.  And just like the Walk & Turn (in fact just like all the other field sobriety exercises) it should NOT ever be referred to as a "test," especially in front of a jury.  Why?  Because you do not want it to sound like something you can actually pass or fail.

What to Expect

If the One-Leg Stand sounds tough to you just by it's name, that's because it is probably the most difficult sobriety exercise you will be asked to do.  You will be instructed to stand with one foot (which ever foot you choose) six inches off the ground, while counting aloud by thousands (One thousand-one, one thousand-two, etc.), until told to put your foot down. You will be timed for 30 seconds.

During the One-Leg Stand, the officer will be looking for four different "clues," or indicators of impairment:

• Sways while balancing. (the "acceptable" amount of sway is about 3 inches in each direction, but officers will not ever measure exactly your sway and if you move at all you will most likely have it counted against you regardless of the amount).

• Uses arms to balance. (inherent human nature is to put your arms out 90 degrees from your body helicopter style, but if you do you will "fail," as you are supposed to follow the instructions and keep your arms by your side the entire duration of the exercise).

• Hops to maintain balance. (whether you hop once or the entire time it counts against you the same).

• Places foot down. (even if just once, its a big no-no, and you won't think you have failed because the officer will instruct you if you do put it down to just pick it back up and keep counting, giving you a false sense that its actually possible to put your foot down and still "pass" the test).

Here's an official police training video used in NHTSA field sobriety test training courses:

Designed For Failure

Listed below are reasons why you should NEVER agree to perform the one-leg stand if suspected of DUI:

1.  You will "fail." That's right, just like the Walk & Turn, this exercise is also actually designed for failure.  Miss just one of the four "clues" listed above, even just once, and the officer may try to say you "failed."

2.  It's not as easy to stand on one foot as you would think. It's hard to balance on one foot even sober.  Especially if it's late at night, you are pulled over, you are nervous and its cold outside, or maybe raining, you are on a narrow shoulder of a major highway with cars zipping past, etc.  You could be wearing 6 inch heels.  Being pulled over is stressful enough, and being suspected of DUI is even worse.  You will be nervous.  You will fail.

3.  It's also a divided attention test. The officer is not only assessing your balance, he is trying to see how well you can pay attention and follow instructions.  If you perform any of the test contrary to his instructions, you will therefore "fail."  And its not so easy to listen and follow every instruction.  You may not hear him if it's loud outside, and a lot else will be running through your mind at that moment prohibiting you from paying full attention.  You will be thinking about going to jail, you will be worried about losing your license, etc.

4.  You don't hop on one foot while driving. The thought of doing so is probably silly and funny to you.  It should be!  If you aren't required to stand on one foot while driving a car, why do you have to in order to determine if you are sober enough to drive a car?  It doesn't make sense.  You don't have to stand on one foot during your driving test at the DMV when you are 16.  What does standing on one foot have anything to do with driving?  Nothing, actually.

The people who developed the One-Leg Stand think your ability to perform this exercise to standards is directly correlated to your ability to drive unimpaired.  Or to put it another way, drunk people shouldn't drive, and most drunk people can't stand on one foot.  So therefore if you can't stand on one foot, you are probably drunk?  Sounds like failed logic to me! The biggest problem is that most sober people can't stand on one foot either (especially for that long, and without hopping or swaying or raising their arms).

5.  Some people will always "fail" this test no matter what. Just like for the Walk & Turn, certain types of people should NEVER perform this test.  If you are overweight, had certain injuries or surgeries to your back, legs, or knees, or if you take certain medication, your ability to perform this test to standards will be significantly impaired.

6.  Perfect practice makes perfect. My gym teacher in elementary school used to say the expression "practice makes perfect" is wrong.  It's really perfect practice that makes perfect, because if you practice something the wrong way each time, you will always perform it wrong in the future.   You are probably thinking OK, great, what the heck does that have to do with anything?  What that means for you is that even if you have stood on one foot before, you never have done it the way you will be asked in a DUI investigation.  And like I said about the Walk & Turn, you will not perform it perfectly the first time you try.  You will not hit a home run the first time you swing the bat.

Remember playing games as a little kid?  Hopscotch, for example.  You play that on one foot.  But you are allowed to hop.  You are supposed to hop.  You use you arms for balance by putting them out parallel to the ground so you won't fall on your face.   My point here is that the One-Leg Stand isn't hopscotch.  It's not a game.  If you "fail" you go to jail - without a get out free card!  So if you are ever asked to "play" - say NO!

These are just a few of the many reasons why you should never submit to the One-Leg Stand.  Unfortunately many of you reading this will already have been arrested, and may have already performed this exercise.  So I guess it's a little late and of little help to tell you the best thing you could do is refuse to perform.  Instead, if you have already been arrested and submitted to the exercise, the best thing to do is contact an experienced attorney in your state for help in defending your case