North Carolina One-Leg Stand Test

In North Carolina, there are three standardized field sobriety tests that are used to determine whether a drunk-driving arrest should be made: the one-leg stand test, the walk-and-turn test, and the horizontal-gaze Nystagmus test.

The theory behind the standardized field sobriety tests is that if you exhibit more than a certain number of clues, it indicates your blood alcohol content (BAC) is 0.10 percent or higher. In Charlotte, NC, the legal limit for driving while intoxicated (DWI) is 0.08 percent.

The one-leg stand test falls into a category of divided attention tests. These tests are designed to see if you can follow instructions and perform physical tasks. While these tests may seem simple to sober people, they are more difficult for people under the influence to perform.

To administer the test, the police officer will tell you to raise one leg, with your foot six inches off of the ground, put your arms at your side, look at your raised foot, and count to thirty in thousands (one-one thousand, two-one thousand).

During this test, the officer is looking for five clues. They are: using your arms to balance, swaying, hopping, and putting down your foot. If you put your foot down more than twice, you are considered unable to complete the test. If the officer sees two of these clues, you fail the test.

However, if you have recently failed the test, there is still hope. There are several defenses that can be made against the one-leg stand test. For example, if you are older than 65, or more than 50 pounds overweight, the officer should never have administered the test in the first place. There are also physical disabilities that would impair your performance on the test.

The test conditions are also important. If the test was not administered on a hard, level, dry surface, it is more difficult to perform the test and avoid a failing grade. Poor light and wearing high heels over two inches high also affect test performance.

Are you ready to fight the results of your one-leg stand test? If so, contact a local Charlotte DWI attorney for legal assistance.

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