Massachusetts DUI trial attorneys

One Legged Stand

one_legged_standIn the Wayland MA one-legged stand DUI field sobriety test, the drunk driving suspect must raise a foot approximately 6 inches off of the ground and count out loud to 30 by thousands. The suspect will have to maintain this position for 30 seconds. In this test, there are only four indicators of impairment. These indicators are "swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down" on the ground. Individuals exhibiting two or more of these indicators will supposedly have a BAC of .08 or higher 83% of the time. This field sobriety test is designed to allow the police to observe the drunk driving suspect's coordination, balance, concentration, speech, and ability to follow instructions. Physical disabilities, diseases, ailments, or injuries, as well as being overweight, may account for an alleged "failure" of the Wayland Mass one-legged stand. 

Also, this test is designed to be conducted on a flat, level, reasonably dry, hard surface which is free from defects, debris, and is non-slippery. Having someone perform this test on a less than ideal surface may invalidate the results. The test should not be conducted with the subject wearing high heels, certain types of boots, or other footwear which might hinder his or her ability to perform the test properly. Incidentally, Attorney George E. McCarthy represented a client who was required to perform field sobreity tests while wearing ice fishing boots. Obviously, the tests were not designed to be performed while wearing such footwear. 

Officers conducting th Wayland one leg stand test are required to properly explain and demonstrate the test to the person performing it. Failure to do this is grounds to invalidate the test, for not being properly administered.