Walk and Turn

DUI Field Sobriety Tests: The Walk-And-Turn Test

Below is the instruction given by the National Highway Transportation Safety Administration (NHTS) to DUI law enforcement officers on how to administer and score the "Walk and Turn" Field Sobriety Test:

Provide each DUI suspect this precise instruction:

PLACE YOUR LEFT FOOT ON THE LINE AND THEN YOUR RIGHT FOOT IN FRONT OF IT LIKE THIS. (Demonstrate heel-to-toe position).

When the DUI suspect takes this position, continue with the instructions. ONCE I TELL YOU TO BEGIN, TAKE NINE HEEL-TO-TOE STEPS DOWN THE LINE, TURN AROUND, AND TAKE NINE HEEL-TO-TOE STEPS BACK.

TURN BY KEEPING ONE FOOT ON THE LINE AND THEN USE YOUR OTHER FOOT TO TURN...LIKE THIS. Demonstrate by taking three or four heel-to-toe steps-then turning around by pivoting your left foot on the line and taking four steps with your right foot, as shown-then resuming the heel-to-toe position. Note that this is a very easy way to turn, but the suspect must follow the instructions.

KEEP YOUR HANDS AT YOUR SIDES, WATCH YOUR FEET AT ALL TIMES, AND COUNT YOUR STEPS ALOUD. DO YOU UNDERSTAND?

Don't continue until the DUI suspect indicates he/she understands, but at the same time do not repeat the whole set of instructions. You may repeat part of the instructions or answer the DUI suspect's questions about how to perform the test. If the DUI suspect does not watch his feet, remind him.

(Once the suspect indicates understanding, say…)

BEGIN AND COUNT YOUR FIRST STEP FROM THE HEEL-TO-TOE POSITION AS "ONE."

How to Score The Test:

You may observe a number of different behaviors when a suspect performs this test. Research, however, has demonstrated that the behaviors listed below are the most likely to be observed in someone with a BAC of 0.10 percent or more. In scoring this test, give only one point for each item observed (even if it is observed more than once) with a maximum score of 9 points.

1. Cannot keep balance while listening to the instructions. Two tasks are required at the beginning of this test. The suspect must balance heel-to-toe on the line and, at the same time, listen carefully to the instructions. Typically, the person who is intoxicated can do only one of these things. He may listen to the instructions, but not keep his balance. Score this item if the suspect does not maintain the heel-to-toe position throughout the instructions. Do not score this item if the suspect sways or uses his arms to balance but maintains the heel-to-toe position.
2. Starts before the instructions are finished. The intoxicated person may also keep his balance, but not listen to the instructions. Since the first words you said in giving instructions for this test were: "When I tell you to being," score this item if the subject does not wait. Other aspects of not listening to the instructions are included in the other items.
3. Stops while walking to steady self. The suspect pauses for several seconds after one step. Do not score this item if the suspect is merely walking slowly.
4. Does not touch heel-to-toe. The suspect leaves a space of one half inch or more between the heel and toe on any step. Also score this item if the suspect does not walk straight along the line.
5. Steps off the line. The suspect steps so that one foot is entirely off the line. Only count this item once, even if the suspect steps off several times.
6. Use arms to balance. The suspect raises one or both arms more than six inches from his sides in order to maintain his balance.
7. Loses balance while turning. The suspect removes the pivot foot from the line while turning. That is, score this item if both feet are removed from the line. Also score this item if the suspect clearly has not followed directions in turning; for example, he pivots in one movement instead of the four step movement that he was instructed to perform.
8. Incorrect number of steps. Score this item if the suspect takes more or less than nine steps in each direction.
9. Cannot do the test. Score this item if the suspect steps off the line three or more times, is in danger of falling, or otherwise demonstrates that he cannot do the test. If this item is scored, the suspect gets 9 points for this test, the maximum score.

Should the DUI suspect have difficulty with this test, (for example, if he steps of the line) have him repeat the test from the point of difficulty, not from the very beginning. This test tends to lose its sensitivity if it is repeated several times.

Observe the DUI suspect from three or four feet away and remain motionless while he performs the test. Being too close or excessive motion on your part will make it more difficult for the suspect to perform, even if he is sober.

If the DUI suspect scores two or more points on this test, classify his BAC as above 0.10 percent. Using this field sobriety test, you will be able to correctly classify about 68 percent of your suspects with respect to whether they are drunk driving. Your decision point on the Walk-and-Turn Test is two clues.

Test Conditions for the DUI Walk and Turn

This field sobriety test should be given on level ground, on a hard, dry, non-slippery surface, and under conditions in which the DUI suspect would not be in danger of falling. Require him to perform the test elsewhere, or confine your decision to the results of the Gaze Nystagmus Test if these conditions cannot be met.

Some people have difficulty with balance even when sober. People more than 60 years of age, more than 50 pounds, overweight, or with physical impairments that affect their ability to balance should not be given this field sobriety test. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes.

The Walk-and-Turn Test requires a line that the suspect can see. If a natural line is no present, draw one in the dirt with a stick or on the sidewalk with chalk. Walking parallel to a curb is also adequate.

The DUI suspect must be able to see to perform this test. That is, his eyes must be open, and a nighttime adequate lighting must be available. If you can see the suspect clearly, then the lighting is adequate; otherwise, use a flashlight to illuminate the line.

Requesting that the suspect watch his feet makes the test more difficult for the intoxicated person. Be sure that the suspect is doing so, or make an immediate correction. Individuals who cannot see out of one eye may also have trouble with this test because of poor depth perception.

Walk-and-Turn Test Scoring Sheet

• Cannot keep balance while listening to instructions.
• Starts before instructions are finished
• Stops while walking to steady self.
• Does not touch heel to toe
• Loses balance while walking (i.e., steps off line).
• Uses arms for balance.
• Loses balance while turning.
• Incorrect number of steps.
• Cannot do test (steps off line three or more times).
  (Decision Point: 2 Clues)

After reviewing so many different DUI cases over the years, I find that officers often mess these instructions up, as well as their scoring techniques. That is another reason it is so important to find an experienced DUI lawyer to defend you in court. Often, judges and juries need to have an experienced criminal defense DUI lawyer explain how the officer's opinion is faulty. Or how the prosecutors allegations are unfounded.

For example, police officers and prosecutors will often complain that the suspect stopped off the line. But they seem to downplay that the "line" is usually some imaginary line. A defense attorney should make a big deal about that, and let's talk about why.

Police officers come into court and testify that attending a Field Sobriety Testing course taught by another police officer makes them an expert in DWI, and juries generally believe them.

In return, DUI lawyers ask jurors to believe the manual from the training the officer received. Seems like a fair bargain.

One common misconception that I see over and over on the part of officers, up to and including some of the local Kansas DUI officers, is the belief that book doesn't require that a designated actual line be used.

If asked why the defendant was asked to walk an imaginary line instead of an actual line, most officers reply - some smugly - that 'the manual', that is the NHTSA manual, doesn't require it. Some offer to show the defense lawyer exactly where in the book it says they don't have to use an actual line.

Invariably, the officer will flip the pages and find this portion of the manual:

Procedures for Walk and Turn Testing

1. Instructions Stage: Initial Positioning and Verbal Instructions

For standardization in the performance of this test, have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:

"Place your left foot on the line" (real or imaginary). Demonstrate.

[February 2006 Edition, Student Manual, page VIII-9 from Session VIII: Concepts and Principles of the Standardized Field Sobriety Tests.]

That certainly looks at first blush as if the manual says there's no difference between the difficulty between walking an actual line, or walking an imaginary line. Although, it literally begs the question, "Officer, how wide a line did my client imagine?"

Furthermore, if you continue on, to the Test Conditions section, you find the instruction that the Walk-and-Turn test requires a designated straight line, and should be conducted on a reasonable dry, hard, level, non-slippery surface.

In other words, the first section is talking about "Verbal Instructions" and is clearly labeled so. It is the Instructions Stage. i.e. where the officer demonstrates the Walk and Turn to the suspect. Thus, the officer is allowed to show the defendant how to do the test using his imaginary line if he wants to do it that way.

But when it comes to the suspect actually taking the test, the NHTSA Manual is clear: if this test is going to be administered properly, then the defendant should be provided an actual line. Therefore, if you aren't provided an actual line, that's a potentially reasonable explanation for someone stepping 'off the line' - because it wasn't there in the first place.

As aggressive DUI defense lawyers, we believe it is important to insist that our DUI clients be graded properly and fairly.  Also, see the instructions for the One Leg Stand Test and the HGN.