Field Sobriety Test Follow Up: The ‘Walk and Turn’

Our last post gave an introduction to field sobriety tests and focused primarily on the horizontal gaze nystagmus (HGN) test. We learned that the HGN is a test that is often done inaccurately and can be contested in a court of law with the help of an HGN expert. If the test is taped, however, the defendant will oftentimes have a harder time refuting the results of the test, as the prosecution may also call their own HGN expert to the stand to testify that the test was done correctly.

Today we’re going to look at another type of field sobriety test that can also end up helping your case or hurting it, depending on how your Colorado Springs DUI attorney is able to handle the results of the test. This type of FST, known as the ‘Walk and Turn’ (WAT) test, involves the driver walking forward in a straight line, heel to toe, then turning around and walking back again in the same straight line, heel to toe. During this process, there are two specific stages that go into the test: the instructional stage and the walking stage.

During the instructional stage, the officer conducting the test will look for two possible mistakes that the driver might make. First, the officer will look for any signs of the driver losing balance. Second, the officer will look to see if the driver begins walking too soon. If the officer notices either of these things, they can, and most likely will, be used against the driver at trial.

During the walking stage, there are six things that the officer will look for in the driver’s performance: stopping while walking, not touching heel to toe, stepping out of a straight line, raising arms too high for balance, turning improperly, and taking too many steps. If two our of six of these things happen during the test, the officer will conclude that the driver has failed the test.

As with the HGN test, the most common defense that a Colorado Springs DUI attorney will use against the results of a WAT test is that the officer did not give proper or thorough instructions prior to performing the test. Also. if the driver has any preexisting medical conditions that would affect his or her ability to pass the test, the results of the test might be compromised or invalid.

We’ve got one more FST to discuss in our next article, so check back soon for the last part to this FST series.