The officer who arrested you received “DUI Detection and Standardized Field Sobriety” training at the Illinois State Police Academy. As an experienced DUI attorney, I have the Student Manual that was used to train the officer. At court, I use the manual to prove to the judge that the police officer did not perform the tests the way he was instructed and therefore, the test was invalid.
Below are the procedures for the One-Leg Stand Test. The below text is typed verbatim from the Student Manual:
Procedures for One-Leg Stand Testing:
1. Instructions Stage: Initial Positioning and Verbal Instructions
Initiate the DUI test by giving the following verbal instructions, accompanied by demonstrations.
“Please stand with your feet together and your arms down at the sides, like this.” (Demonstrate)
“Do not start to perform the test until I tell you to do so.”
“Do you understand the instructions so far?” (Make sure suspects indicates understanding)
2. Demonstrations and Instructions for the Balance and Counting Stage
Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:
“When I tell you to start, raise one leg, either leg, approximately six inches off the ground, foot pointed out.” (Demonstrate one leg stance)
“You must keep both legs straight, arms at your side.”
“While holding that position, count out loud in the following manner: “one thousand and one, one thousand and two, one thousand and three, until told to stop.” (Demonstrate a count, as follows: “one thousand and one, one thousand and two, one thousand and three, etc.” Officer should not look at his foot when conducting the demonstration – OFFICER SAFETY.)
“Keep your arms at your sides at all times and keep watching the raised foot.”
“Do you understand?” (Make sure suspect indicates understanding)
“Go ahead and perform the test.” (Officer should always time the 30 seconds. Test should be discontinued after 30 seconds.)
Observe the suspect for a safe distance. If the suspect puts the foot down, give instructions to pick the foot up again and continue counting from the point at which the foot touched the ground. If the suspect counts very slowly, terminate the test after 30 seconds.
3. DUI Test Interpretation
You may observe a number of different behaviors when a suspect performs this test. The original research found the behaviors listed below are the most likely to be observed in someone with a BCA above 0.10. Look for the following clues each time the One-Leg Stand test is administered.
A. The suspect sways while balancing. This refers to side-to-side or back-and-forth motion while the suspect maintains the one-leg stand position.
B. Uses arms for balance. Suspect moves arms 6 or more inches from the side of the body in order to keep balance.
C. Hopping. Suspect is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.
D. Puts foot down. The suspect is not able to maintain the one-leg stand position, putting the foot down one or more times during the 30-second count.
Note: If suspect cannot do test or puts foot down three or more times, record as if all four clues were observed. Consideration should be given to terminating the test fi the suspect cannot safely complete it.
Remember that time is critical in this DUI test. The original research has shown a person with a BAC above 0.10 can maintain balance for up to 25 seconds, but seldom as long a 30.
If an individual shows two or more clues or fails to complete the One-Leg Stand, there is a good chance the BAC is about 0.10. Using that criterion, you will accurately classify 65% of the people you test as to whether their BAC’s are above 0.10.
Observe the suspect from a safe distance and remain as motionless as possible during the test so as not to interfere. If the suspect puts the foot down, give instructions to pick the foot up again and continue counting from the point at which the foot touched the ground. If the suspect counts very slowly, terminate the test after 30 seconds.
4. Test Conditions
One-Leg Stand requires a reasonably dry, hard. level, and no-slippery surface. Suspect’s safety should be considered at all times.
The original research indicated that certain individuals over 65 years of age, back, leg or middle ear problems or people who are overweight by 50 or more pounds had difficulty performing this test. Individual wearing heels more that 2 inches should be given the opportunity to remove their shoes.
