Alongside the Walk and Turn and the Horizontal Gaze Nystagmus (HGN) tests, the One-Leg Stand (OLS) is a core component of the Standardized Field Sobriety Tests (SFSTs) used by Georgia law enforcement during DUI investigations. While officers present this test as a definitive measure of impairment, it is highly susceptible to error, environmental factors, and individual physical limitations.
What is the One-Leg Stand Test?
The One-Leg Stand is another divided attention test. The officer instructs the driver to stand with one foot raised approximately six inches off the ground, keeping the foot parallel to the ground. The driver must keep their arms at their sides, watch the raised foot, and count out loud (“one thousand and one, one thousand and two,” etc.) until told to stop. The test is timed for exactly 30 seconds.
The 4 Clues of Impairment
Based on the 2023 NHTSA SFST Instructor Guide, officers are trained to look for four specific clues during the 30-second period:
- Sways while balancing: This refers to a noticeable side-to-side or back-and-forth motion.
- Uses arms to balance: The subject moves their arms six or more inches from their sides to maintain balance.
- Hopping: The subject moves their planted foot in order to maintain balance.
- Puts foot down: The subject is unable to keep their raised foot off the ground for the full 30 seconds.
According to NHTSA, observing two or more of these clues indicates an 83% probability that the driver’s BAC is 0.08% or higher. However, just like the Walk and Turn, this test is an estimation tool, not a chemical analysis, and its accuracy is heavily dependent on proper administration.
Defending Against the One-Leg Stand Test
Because the One-Leg Stand is a physical test evaluated subjectively by an officer, it is open to numerous challenges in a DUI defense strategy:
- Non-Standardized Administration: Did the officer properly demonstrate the test? Did they time it for exactly 30 seconds? The 2023 NHTSA manual mandates strict adherence to the instructions. If the officer deviates from the script or the timing, the validity of the test is compromised.
- Environmental Factors: Balancing on one leg is difficult in ideal conditions. Doing it on the side of a busy highway, on an uneven shoulder, in the dark, or in poor weather (wind, rain) makes it significantly harder. NHTSA requires a reasonably dry, hard, level, and non-slippery surface.
- Physical and Medical Limitations: Age, weight, and medical conditions play a massive role. The NHTSA manual acknowledges that individuals over 65, those who are more than 50 pounds overweight, or those with back, leg, or inner ear issues may have difficulty with this test. We use medical records to demonstrate that poor performance was due to physical issues, not alcohol.
- Nervousness and Fatigue: Being pulled over by the police is stressful. Adrenaline and anxiety can cause shaking or swaying. Furthermore, if the stop occurred late at night, natural fatigue can severely impact balance and coordination.
Don’t Let a “Failed” Test Result in a Conviction
A police officer’s conclusion that you failed the One-Leg Stand test is not the final word. At the Law Office of Gordon Hall, LLC, we cross-examine the officer’s testimony against the strict standards set by NHTSA and review video evidence to build a strong defense. Contact us today to ensure your rights are protected.