Denver DUI Defense Attorney

DUI Walk and Turn Test Defense in Colorado

The Walk and Turn Test is one of three Field Sobriety Tests (FSTs) developed by the NHSTA and accepted by most courts as admissible evidence in a DUI or DWI trial. It is both a test of coordination, and of “divided attention”—how well can the subject concentrate on and remember multiple sets of instructions? At trial, failure to remember and follow the officer’s instructions can be used as evidence of the subject’s impairment.

During a Walk and Turn Test, a police officer will direct the subject to take nine steps heel-to-toe in a straight line, then pivot on one foot and return nine steps, heel-to-toe once again, in the opposite direction. During the test, the officer is looking for eight key signs of impairment:

Cannot maintain balance while listening to directions
Begins the test before the instructions are complete
Stops mid-walk to regain balance
Does not keep a heel-to-toe stance
Steps off the line
Uses arms excessively to maintain balance
Makes a wrong turn, or
Takes an incorrect number of steps

Our Denver UI Lawyer Knows the Test Weaknesses

According to NHSTA research, if the subject displays two or more of these signs during the test, there is a 79% chance that he or she is suffering from drug or alcohol impairment.

Of course, 79% leaves a lot of room for error. There are also many outside factors that can influence an FST—obesity, age, vision or balance problems, awkward shoes, language barriers, performing the test on uneven ground, and an officer’s choice to have subjects walk an “imaginary line” rather than a clearly marked line can all play a part in poor test performance without being intoxicated.

A good Denver DUI lawyer can find many cases to make against this highly subjective and unreliable field test. If you have recently been arrested under DUI charges, contact a Denver DUI attorney today.