Virginia DUI One Leg Stand
When you were arrested for DUI in Virginia, the police officer may have given you a field sobriety test known as the One Leg Stand. However, if you are over 65 years old or are more than 50 pounds over weight, the officer should not administer this test as part of testing protocol. Also, if you have a physical disability, you should not perform this test. Basically, what the police officer looks for during this test is if you can keep one leg raised in the air for 30 seconds without putting it down during that time.
Alcohol is a depressant that slows down your body’s central nervous system. This is known to cause inability to keep balance, which is why the officer may have used this field sobriety test. The officer will also be looking to see if you have to hop on your other foot in order to keep your one leg from standing on the ground.
Also, the officer must explain to you that you are not allowed to use your arms to keep your balance. He or she will be watching to see if you raised your arms from your sides. Finally, law enforcement checks to see if you are swaying during the One Leg Stand.
While you have to abide by certain rules for the test, so does the officer. The test conditions are imperative to your case. It must be administered on a hard, dry surface on level ground. The officer also needs to make sure the testing spot is in a safe place so that should you fall, you will not be in danger.
The officer should also provide lighting if the stop occurs during the night. The officer’s flashlight can be used to illuminate the ground. A good rule to go by is if you and the officer can see each other well. If you were wearing shoes with heels more than two inches high, you should be given the opportunity to remove them.
The officer will score you on swaying while balancing, using your arms for balance, hopping, putting your foot down and inability to complete test by putting your foot down more than two times. If the officer notices two of any of these clues, you have failed the One Leg Stand.
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