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If you’ve ever suffered the indignity of being pulled over for a field sobriety test while driving in Virginia, then you are probably familiar with some of the “old favorites” used by law enforcement officers to determine if you’re fit to drive. Aside from the actual breath test, you may be wondering why these tests are used and what they tell the officer. Can they really be used to determine whether or not a person is too intoxicated to drive? Here we’ll explore the reasons behind why the ever-popular “walk and turn” field sobriety test is used by Virginia law enforcement officers.

The Walk and Turn Test

One of the most common tests selected by Virginia law enforcement officers is the “walk and turn” test. There are a few exceptions. If you are over 65 years old, are more than 50 pounds over weight, or if you have a physical disability then you should not have to participate in this test.

This test is commonly referred to as a “divided attention” test that supporters believe can be easily performed by an unimpaired subject. The subject is expected to listen and follow instructions while performing simple actions. In this test, the subject is asked to walk a set number of steps in a straight line – one foot in front of the other – as if they are walking on a balance beam. Once the number of steps is reached, the subject must turn around, and return to the starting point the same way.

Why is this test used? NHTSA research indicates that 79 percent of individuals who exhibit two or more indicators in the performance of this test will have a BAC of 0.08 or greater. The eight possible indicators of impairment include:

the subject cannot keep balance while listening to the instructions
the subject begins before the instructions are finished
the subject stops while walking to regain balance
the subject does not touch heel-to-toe
the subject steps off the line
the subject uses their arms to balance
the subject makes an improper turn
the subject takes an incorrect number of steps

If the subject “fails” any two of the above indicators, they may be accused of driving under the influence.

Sometimes a line on the road is used so the subject has a guide, sometimes the subject is asked to walk along an imaginary line – which can be quite a feat even under the best of circumstances. Alternately, a subject may be asked to walk an imaginary line parallel to a fixed object like the curb of the road. This is supposed to help the person walk a straight line, but the problem is that even an unimpaired driver may be so fixated on watching the curb that they stumble or drift towards the curb. All in all there are enough potential issues with this test that it can’t be considered conclusive. A good DUI attorney will be able to review your experience with you to determine whether or not the test was administered fairly and accurately.

If you’d like to speak with a skilled DUI attorney about your case then please contact Weisberg & Zaleski today. We’ll discuss your DUI case with you for no charge and no obligation.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223