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Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
All about the Walk and Turn Field Sobriety Test
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
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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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FAQs
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
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