Challenging the Walk and Turn Test in Georgia

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The Walk and Turn (WAT) test is one of the three Standardized Field Sobriety Tests (SFSTs) endorsed by the National Highway Traffic Safety Administration (NHTSA) and frequently used by law enforcement in Georgia to establish probable cause for a DUI arrest. However, this test is far from foolproof. Even completely sober individuals can “fail” the Walk and Turn if the test is not administered and evaluated strictly according to NHTSA guidelines.

What is the Walk and Turn Test?

The Walk and Turn is a “divided attention” test. It requires the subject to listen to and follow instructions while performing simple physical movements. The officer instructs the driver to take nine heel-to-toe steps along a straight line, turn in a specific manner, and take nine heel-to-toe steps back.

The 8 Clues of Impairment

According to the 2023 NHTSA SFST Instructor Guide, officers are trained to look for exactly eight specific clues during the test:

  1. Cannot keep balance while listening to the instructions.
  2. Starts before the instructions are finished.
  3. Stops while walking to steady themselves.
  4. Does not touch heel-to-toe (leaves a gap of more than half an inch).
  5. Steps off the line.
  6. Uses arms for balance (raises arms more than six inches from the sides).
  7. Improper turn (turns differently than instructed or loses balance during the turn).
  8. Incorrect number of steps.

NHTSA guidelines state that if an officer observes two or more of these clues, there is a 79% probability that the driver’s BAC is 0.08% or higher. However, this statistic highlights a critical point: the test is designed to estimate a BAC of 0.08% or higher, not to definitively prove impairment, and it still has a significant margin of error.

How We Challenge the Walk and Turn Test

A skilled DUI defense attorney knows that the validity of the Walk and Turn test relies entirely on strict adherence to standardized procedures. Here are common ways we challenge the results:

  • Improper Instructions: If the officer fails to give the instructions clearly, correctly, and completely, any “clues” observed may be invalidated. We review dashcam and bodycam footage to ensure the instructions matched the NHTSA manual exactly.
  • Improper Environment: NHTSA explicitly states that the test should be performed on a reasonably dry, hard, level, and non-slippery surface. If the test was conducted on a slope, gravel, wet grass, or near speeding traffic, the results are compromised.
  • Physical Limitations: The NHTSA manual notes that individuals who are over 65 years old, have back, leg, or inner ear problems, or are more than 50 pounds overweight may have difficulty performing this test regardless of sobriety. We present medical evidence if physical conditions affected your performance.
  • Footwear: Wearing heels more than two inches high or unusual footwear can interfere with the test. Officers are supposed to give subjects the option to remove such shoes.
  • Subjective Scoring: “Failing” the test is often based on the officer’s subjective interpretation. For example, did you actually step off the line, or was the line imaginary and poorly defined? Did you raise your arms more than six inches, or just slightly adjust your posture?

Protecting Your Rights

If you were arrested for DUI based on your performance on the Walk and Turn test, do not assume the evidence against you is ironclad. At the Law Office of Gordon Hall, LLC, we possess a deep understanding of the 2023 NHTSA guidelines and will meticulously review the evidence to identify procedural errors and challenge the state’s case.