Massachusetts DUI trial attorneys

Walk and Turn DUI Field Sobriety Test

WALK_TURN_FIELD_SOBREITYThe Framingham Mass walk and turn test is also referred to as the “heel to toe” field sobriety test. The test is a “divided attention” test, which requires a person to concentrate on mental and physical tasks at the same time.  According to the National Highway Traffic Safety Administration (NHTSA), the walk and turn can supposedly be performed easily by most unimpaired persons. In the Framingham MA walk and turn test, the driver is asked to place one foot in front of another, in a heel to toe manner, again with his hands at his sides, and walk in a straight line for 9 steps while counting out loud. The driver then turns in a specific manner and walks back 9 steps. While an individual is performing the one leg stand and the walk and turn test, the officer looks for "cues" to determine whether the driver successfully completes the tests. There are 8 and only 8 “cues” or indicators of being under the influence: failing to maintain balance while listening to instructions, beginning the test before the instructions are completed, stopping during walking to maintain or regain balance, failing to walk in a heel-to-toe manner, stepping off of the line, using arms for balance, making an improper turn, or taking an improper number of steps. These are the only recognized ways that a person can "fail" the walk and turn test.

Research indicates that 79% of those exhibiting two or more of the above indicators will have a blood alcohol content of .08 or greater, which is the legal limit in Massachusetts. A study of the walk and turn test, which was conducted under laboratory conditions, found the test to be accurate only 75.1% of the time. Also, physical disabilities, diseases, ailments, or injuries may account for an alleged "failure" of this field sobreity evaluation. 

This field sobriety test should be performed on a hard, flat, smooth, dry, level surface, away from traffic. The test should be conducted in an area which has sufficient room to take nine heel-to-toe steps.

A straight line should exist, if not, police should conduct the Framingham MA DUI field sobriety test at the side of the road paralleling either the guardrail or the curb. Massachusetts DUI Lawyers often challenge the conditions under which this DUI field sobriety test is conducted. Often, police conduct the test at the side of the road while their distracting flashing cruiser lights are on. Lastly, if police sometimes utilize an imaginary straight line and claim that the DUI test subject stepped off the “imaginary line.”

Some people have difficulty with balance even when sober. This test is not necessarily valid for suspects over age 60 or over 50 pound overweight. In addition, if the person has any physical impairments that affect their ability to balance, they should not be given the test. Persons with injuries to their legs, or inner ear disorders may have difficulty with this test. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes. Persons with poor depth perception might have trouble with this sought of test even when not under the influence.

Some police officers may attempt to conduct the 9 step heel to toe DUI field sobriety test on a person who should not be tested, because of the above-listed limitations. Framingham DUI lawyers are aware of these limitations and they can effectively expose them at trial. If the test is improperly conducted, which happens more often than most people would predict, the results cannot be trusted as competent evidence to show that the person performing the heel to toe test was under the influence.