Michigan One-Leg Stand Test

The National Highway Traffic Safety Administration has developed three standardized field sobriety tests that are used to establish probable cause for a DUI/OWI arrest: the one-leg stand test, the walk-and-turn test, and horizontal gaze nystagmus.

The standards for administering these tests are the same for every law enforcement agent, no matter the state or jurisdiction. The premise of the test is that if the driver displays a certain number of “clues” for each test, he or she will fail the test and may be charged with driving under the influence.

The one-leg stand is known as a “divided attention” test. This means that you will be measured on your cognitive, as well as physical, abilities. Similar to the walk-and-turn test, there is an instruction phase and a performance stage for the one-leg stand test.

During the instruction phase, the officer will tell you to stand up straight, with your feet together and to keep your arms at your side until you are instructed otherwise. The officer will then ask if you understood the instructions.

After you indicate that you understand the instructions, you enter the performance phase of the one-leg stand test. The officer will tell you to raise one leg off of the ground, keeping your elevated leg approximately six inches off of the ground. You must also keep both of your legs straight while keeping your eyes on your raised foot and counting out loud, saying one-one thousand, two-one thousand, etc., until told to stop.

The officer should time the test to see if you can hold the pose for the 30-second time period.

As you perform the test, the officer must look for four visual clues. If he or she sees two out of the four clues, you will fail the test. These four clues are: swaying while balancing, using your arms to balance, hopping, and putting your foot down.

If you are unable to perform the test, the officer will record the test as if he or she observed all four clues.

As with the walk-and-turn test, if the officer gives incorrect instructions or asks you to count incorrectly, the reliability of this test may be called into question.

If you have recently failed the Michigan one-leg stand test, you should contact an experienced DUI/OWI defense attorney as soon as possible.The Law Offices of Patrick T. Barone are familiar with the common mistakes made during the field sobriety tests and can help you with your case.