Understanding DUI Arrests in Georgia and the One-Leg Stand Test
The One Leg Stand (OLS) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA) to, when administrated properly, show the presence of alcohol in a driver suspected to be impaired. It is a test that police frequently administer during traffic stops when they are investigating a potentially impaired driver. Though the NHTSA recognizes the OLS test as a test that can indicate the presence of alcohol, this test is not fool-proof and is often administered improperly. Also, it is not validated to show actual impairment or the presence of drugs; it is only validated to show the presence of alcohol. Importantly, you have a right to refuse to participate in any SFSTs in Georgia and that refusal generally cannot be used against you in court.
As an expert DUI defense attorney, we will thoroughly investigate your case, including the types of and manner in which SFSTs like the OLS test were administered. A proper DUI defense requires an expert understanding of the nuances of this test, its potential for inaccuracies, and the factors that can undermine its reliability as evidence of impairment. At Owens Law, P.C., we use our skills and resources to ensure you receive the best representation possible. Contact us at (678) 661-1DUI (1384) to schedule an initial consultation and learn more about how will help you fight your DUI charge to its conclusion.
What is a One-Leg Stand Test (OLS) in Atlanta, Georgia?
The one-leg stand test is a standardized field sobriety test (SFST) used by the police during a DUI investigation to determine whether a driver is impaired. This test is what's known as a divided attention test in that the officer judges you on your ability to focus on several different physical and mental tasks at one time.
The OLS must be administered according to specific protocols and rules. Police are trained on how to administer the OLS during DUI investigations, but that does not mean they properly administer this field sobriety test.
Challenges to the One-Leg Stand Test in Atlanta, Georgia
Although the one-leg stand test is a commonly used field sobriety test, it is fraught with problems, making it unreliable and vulnerable to challenges in court.
Environmental Factors
Environmental factors could distract or otherwise disrupt an OLS in progress. Environmental factors include things like:
- Noise made by heavy traffic
- Road conditions, like gravel or uneven roads
- Weather conditions, like rain, fog, snow, freezing temperatures, etc.
- Time of day, like nighttime when it's hard to see due to darkness or an officer's patrol lights or daytime when the sun is glaring in your eyes
These conditions are enough to distract any person, but having to perform the OLS while any of these conditions exist can lead to misguided or inaccurate results.
Health and Medical Conditions
In some cases, a person may have a health or medical condition that makes it hard to perform the OLS test. These health conditions can be physical, mental, or emotional. A person with physical impairments like hearing loss or foot injuries should not perform this test. It is also recommended that people over 65 years of age should not perform this test. As for mental and emotional problems, a common condition is anxiety – anxiety can greatly impact a person's performance to their detriment.
That said, the act of standing on one foot is unnatural. Failure can simply be the result of failing to perform an unnatural task to the officer's satisfaction.
Officer Errors
Police officers make mistakes. OLS and other field sobriety tests should be administered properly. The instructions are strict and very technical. An error on the police officer's part can lead to criminal consequences for you. Errors can include anything from confusing instructions to a failure to keep track of the time.
As your DUI defense attorney in Atlanta, Georgia, we will question you about exactly how the officer administered the test. Remember, too, that officers are often required to wear body cameras. We will review any audio or video of the DUI investigation to determine if the officer made any mistakes.
Contact Our DUI Defense Lawyer in Atlanta, Georgia Today
The one-leg stand test is supposed to help the police determine if a person is unlawfully intoxicated while operating a vehicle. The problem is this: the test is flawed and can cause you more harm than it's worth. Retaining a DUI defense attorney in Metropolitan Atlanta is your best means to fight any DUI charges.
Contact Owens Law, P.C. today by filling out our online form or calling us at (678) 661-1DUI to schedule a consultation.