Walk and Turn Test in Virginia DUI Cases

http://fairfax-county-dui-attorney.com Video 18 of 40: This video explains the walk and turn test which police often administer to drivers suspected of DUI and explains how it can be administered incorrectly.

Walk and Turn Test in Fairfax County DUI Cases

Before police arrested you for a DUI in Virginia, you may have been given a field sobriety test known as the Walk and Turn or Heel to Toe. This field sobriety test is approved by the National Highway Traffic Safety Administration.

Prior to administering the test, the police officer must first demonstrate what he or she wants you to do.

Basically, the test requires that you take nine heel to toe steps, turn on a pivot and walk back in the same manner. You will follow either the white line on the roadway or an imaginary line walking as straight as possible.

This test is actually a divided attention test meaning that it is checking to see if you can follow instructions as well as perform the tasks required. While you are performing the Walk and Turn, the officer will be looking for nine clues to see if you are under the influence.

He or she will be looking to see if you can keep balance while listening to instructions, start the test when told to do so, have to stop walking to maintain balance, making sure to take heel to toe steps, seeing if you stepped off the line, using your arms for balance, taking the wrong number of steps, losing your balance during the pivot, or if you cannot complete the test. If the officer notices two of these clues, you have met the criteria for failing this field sobriety test.

While you are obligated to perform the test correctly, the officer must also follow test rules when administering them to you. By standing to close to you, walking along side of you during the test, or making you perform the test on an uneven or slippery surface, the officer is hindering your ability to do well on the test.

Also, if you are a woman this test should not be allowed to be administered because your hip structure and the way you walk is completely different than that of a man.

Similar to the One Leg Stand, the officer should not ask you to conduct this test if you are 65 years old, more than 50 pounds overweight or have a physical disability that would prevent you from doing well. The test must be administered in a safe location and with adequate light, such as from a flash light illuminating the ground where you are walking.

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Presented by:
J. Burkhardt Beale
The Law Firm of Boone Beale

10511 Judicial Drive
Fairfax, Virginia 22030

http://fairfax-county-dui-attorney.com
703-831-6800

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Video Director / Editor:
Frank Felker
The Customer Factory

112 S. Columbus Street
Alexandria, Virginia 22314

http://TheCustomerFactory.com
703-348-7390

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Education

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