One Leg Stand Test in Kansas
Kansas DUI Attorney
The one leg stand test is one of the three test recommended for use during a FST (Field Sobriety Test) by the NHTSA (National Highway Transportation Safety Administration). Like the two other tests recommended by the NHTSA it is not definite proof that a driver is impaired due to drugs or alcohol as there can be a number of reasons a driver would not perform well during this test. It is very important that after being subjected to this test and arrested you consult a knowledgeable Kansas
DUI attorney for help with your defense.
DUI Lawyer in Kansas
An officer who follows the NHTSA testing requirements will ask you to stand with your heels together with your arms at your sides, then raise one foot 6 inches and hold this position while you count off 30 seconds. The officer is to demonstrate what to do. The officer will score one point against you for each of the following; swaying back and forth or from side to side; moving your arms more than 5 inches for balance; hopping; putting your foot down. If you put your foot down 3 or more times or cannot do this test the officer will score 5 points against you. A score of 2 points or more is considered a fail.
The outcome of this test can be affected by age, weight, and medical conditions which affect balance. Required conditions for a fair test include a level, dry, non-slippery surface; the officer should not move during this time, should be at least 3 feet away and must stop the test after 30 seconds. Your eyes must be open and lighting must be adequate to see. Since the officer is only looking for failures for follow perform the test, an experienced DUI defense Lawyer will use your performance and the circumstances of the test in your defense.
According to the NHTSA a driver whose BAC is 0.10 or higher cannot pass the one leg stand test. If you have failed this test, your driving privileges are at risk. A respected DUI lawyer with the firm is highly aggressive and creative in discrediting the results of this test. Call Martin & Wallentine to discuss your test results.
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We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.