The Walk-and-Turn is a common roadside field sobriety test that is easy to discount if you do not understand how it is designed or what the DUI officer is trained to look for.

Although it may seem like there is not much to it, the test itself is very detailed and complex, and drivers frequently believe they performed better than the officer’s scorecard will reflect.

Understanding the Mechanics of the DUI Walk-and-Turn

Before beginning the test, the officer is required to medically qualify the driver because not everyone is a good candidate for the test. Certain physical conditions can prevent fair testing.

Research shows that people who meet the following criteria will struggle to complete the test even without alcohol:

• Those with leg, back, or inner ear problems
• Those over the age of 65
• Those who are 50 + pounds overweight
• Those wearing heels over 2″ (according to research, the shoes should be totally removed. But, according to law enforcement, the driver should be given the opportunity to remove them)

DIrections of the DUI Walk-and-Turn Test

DUI officers are required to provide specific instructions prior to beginning this test. And sometimes they count it as a “clue” of impairment when the driver begins the test before being instructed to start. However, this should not be counted against the driver until after she has acknowledged to the officer that she understands the instructions.

First, the officer will designate a straight line that may be either real or imaginary. Then, the officer should tell the driver to place their left foot on the line, right foot in front of the left, touching heel-to-toe.

Next, the officer should tell the driver to place their arms by their side and not to start until told to do so. The officer should demonstrate these instructions at the same time. Before moving on, the officer should ask the person if they understand the directions and they must get an affirmative answer.

There are two clues the officer looks for during this stage. First, they are looking to see if the driver starts the test too soon. It’s common for the person to immediately get into the heel-to-toe stance and start walking before they are instructed not to. But according to the testing protocol, this cannot be counted as a clue if the driver starts before the officer instructs tells them not to.

The second clue at the instructional stage is when the driver does not keep her balance while listening to instructions. If she is swaying and raising their arms, it’s not a clue.  But, if she breaks the heel-to-toe stance, that is considered a clue.

The officer is trained to tell the driver to take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine steps heel-to-toe when told to begin. Then, the officer should demonstrate these instructions with at least three heel-to-toe steps.

The officer should also instruct the driver to look down at their feet, count each step out loud, keep their arms to their side without raising them, and not to stop until the test is complete. Again, the officer is required to ask the person if they understand and wait for an affirmative response before proceeding.

How is this test scored?

The WAT has a total of 8 possible ways the driver can make a mistake – resulting in the officer observing a “clue.” If the officer observes 2 of the 8 clues, then this will support her decision to arrest the driver. The other clues she is looking for include whether the driver raises his arms stops while walking, does not touch heel-to-toe on every step, steps offline, takes an improper number of steps or turns improperly.

The eight possible clues the officer will look for:

1. The driver starts the test too soon
2. The driver does not remain in the starting position
3. The driver stops once they begin
4. The driver misses touching heel-to-toe by half an inch or more
5. The driver steps off the line completely
6. She raises her arms for balance at a height of six inches or more
7. She makes an improper turn
8. She takes an incorrect number of steps

Why are people walking a straight line to test sobriety in DUI cases?

The government claims these tests are mostly reliable, based on studies performed decades earlier. One of the most cited DUI roadside testing studies is the “Validation of the Standardized Field Sobriety Test Battery at BACs Below .10 percent” from 1998, when the San Diego DUI task force was recruited to help study the reliability of roadside tests.

Officers were instructed to apply the three standardized field sobriety tests when they encountered anyone they suspected of DUI. They noted their observations, how many clues were present, and whether or not they would make an arrest. Then, they matched the officer’s arrest decision with the person’s blood alcohol concentration to determine how accurate the tests were using the specific standards for each test.

The standard for the HGN was four or more clues to indicate a person’s BAC was .10 or higher.  For the Walk-and-Turn and the One-Leg Stand, the standard was two or more clues.

If the person met the number of standard clues and the BAC was above the legal limit, it was considered a correct DUI arrest decision. But if the person had below the required number of clues, or above that number with a low BAC, it was considered an incorrect arrest decision.

According to the study, when the three standardized field sobriety tests were combined they were 91% reliable in determining if a person was at or above the (at the time) legal limit of .10. When you break it down, the HGN was 88% reliable with four or more clues, the Walk-and-Turn was 70% reliable with two or more, and the One-Leg Stand was 83% reliable when two or more clues were present.

However, this study was not peer-reviewed. And when you dissect the numbers, there are major issues. For example, when you look at the number of false positives, you can find serious problems with the reliability of these tests. For HGN, the percentage of false positives in people who exhibited four or more clues was 37%. For the Walk-and-Turn, the percentage with two or more clues was 52%. And the One-Leg stand had a false positive rate of 41% even when two or more clues were present.

When you look at the number of false positives, despite the study claiming these tests are reliable, you can find good places to challenge the standardized field sobriety tests.

A well known Judge in Georgia describes probation as a jail sentence that you serve on the outside so long as you abide by the terms of probation. He often warns folks that if they cannot follow the rules, he will order them to spend the remainder of probation behind bars. Although it may sound harsh, what I appreciate about this warning is that it is much more candid explanation than what other courts offer.

Prosecutors sometimes describe probation as a mere formality that will give the defendant the benefit of extra time to save money or complete community service – as if probation is a reward or gift. This explanation falls short in many ways, making it easy for people to under-appreciate the severity of what can happen when things do not go as planned while on probation.

What rights are you forfeiting?

While there are cases where probation should be viewed as a gift, it is also frequently used by the government to police behavior – including conduct that has little to do with the original charge.

One fact attorneys, judges, and prosecutors occasionally fail to mention is that probation serves as a formal invitation to law enforcement to come into your home, search your property, and tell you what to do on a regular basis. You give up important constitutional rights when you agree to probation – especially if you waive your 4th Amendment rights at the time of the plea.

Additionally, most probation terms include the possibility of a probation officer coming to your home. However, most of them do not make home visits for many common misdemeanor and traffic offenses.

Will you be exposed to jail time when you go on probation?

Another consideration of probation is that it can lead to unexpected jail time. For instance, if you are on probation because you need extra time to save money for a fine, and you are later charged with possession of marijuana, the judge who handled the speeding ticket could authorize putting you in jail for the remainder of the speeding ticket probation. This happens because almost all probation sentences include the rule against violating any laws, including new traffic tickets.

Luckily, it is rare to see traffic court judges exercise their power in this way. However, anyone considering probation should be aware of this power and act accordingly. Going on probation means giving a lot of authority over your life to someone else.

Why is probation usually 12 months long for misdemeanor offenses in Georgia?

You should also take into account the amount of time you could spend on probation. In Georgia, judges frequently sentence people to 12 or more months in connection with a misdemeanor or traffic offense. The length is 12 months because that is the maximum amount of jail time you could face on most traffic and misdemeanor offenses.

If you are coming from another state, be cautious when considering going on probation because Georgia handles probation differently than other states. Probation is also used more frequently. People are put on probation for 12 months for seemingly non-punitive reasons. One of the most common examples is when the court uses it to facilitate payment plans for large fines on simple traffic offenses. This option can feel like a great way to buy extra time, but it can have disastrous consequences down the road.

Another reason a judge might sentence you to 12 months of probation is that it is more efficient when it comes to managing the court calendar. Sometimes the judge wants to close a case early even though the person has not had time to complete all of the special conditions relevant to the case. For instance, in a drug case, you may have to pay a fine, complete community service, get treatment, and take a class. Because those things are often not completed at the time of the plea, the court uses probation to make sure they get done. The judge assigns the probation officer the task of monitoring your progress, and if you do not complete these things, or you are arrested on a new offense, then the judge has the power to put you in jail for the remainder of probation. For this reason, a 12-month probation sentence can quickly become a lengthy jail sentence when things don’t go according to plan.

The court may also use probation when there is a victim in the case. Let’s say there was a traffic accident, and the other driver incurred medical expenses, or you destroyed their property. Usually, insurance will take care of it. However, it is not uncommon for judges to put you (the driver) on probation to give the prosecutor time to schedule a restitution hearing. At the hearing, the judge will rule whether you should compensate the victim for any financial loss connected to the offense.

Additionally, judges like to use probation to ensure a person behaves a certain way. For example, if you are charged with underage drinking, the judge may want to put you on probation for 12 months and have you tested regularly to make sure you are no longer consuming alcohol. In situations like this, some counties require probationers to call an automated line every morning to see if they have been randomly selected to submit to a drug and alcohol test.

Other times, judges will sentence someone to a lengthy probation period to get them into a court-ordered treatment program. Some of the DUI and Drug Court programs require 24 months or more of probation.

Finally, although in many cases misdemeanor probation is designed to be anywhere between 0 and 365 days, certain offenses require a minimum of 12 months on probation. For example, a conviction of DUI in Georgia requires 12 months of probation. In those cases, the judge would not be permitted to shorten the probation period – regardless of how compelling the reasons may be.

In summary, while probation might seem like a favorable option, it is not something you should take lightly. Carefully take all of these factors into account before accepting a probation plea. And if you need help navigating your legal options, you can schedule a consultation with EHG Law.

One of the difficult things about a DUI arrest in Georgia is not understanding what comes next. There is a lot of anticipation and anxiety connected with the first court date, particularly if you do not yet have an attorney.

If you opt to represent yourself at your first court date, here are some tips to keep in mind as you prepare.

• Let the Judge know you want an attorney. At the first court date, it is common for people to come without an attorney because they haven’t had time to hire one yet. If you don’t have an attorney, you can ask the Judge for extra time to find and hire a lawyer or apply for the Public Defender. And if the Judge asks you how much time you need – be honest! Tell the Judge what the hold up is – maybe you need to save money, or the attorney you want is not available yet. Usually, the Judge will be flexible at that first appearance and give you time to find a lawyer. However, her patience may evaporate if you show up a second time without doing what you promised. Judges usually keep notes of your initial conversation and follow up at your next appearance – so don’t assume they won’t remember what was said. If you don’t have a lawyer by the second court date, the Judge may have questions about how much you have done to get representation. If money is an issue, this includes whether you have applied for the Public Defender.
• Do not waive your right to a jury trial. Most people without an attorney in court are intimidated by the prospect of a jury trial. They don’t think twice before waiving their right to one, but many attorneys would advise against it. It is best to wait to speak with an attorney before waiving any of your constitutional rights. And read everything you sign very carefully because the waiver will be in writing. If you pay attention, you see that very few attorneys waive the jury trial at the first appearance.
• Manage your expectations. You may notice that the prosecutor will not have a lot of information about the case at the first court date. It is typical for the video or blood test to take weeks or months. So do not be disappointed when the prosecutor does not have much information about the case at that first court date.
• Budget enough time. Sometimes the process takes a lot longer than anyone expects. Depending on the calendar size, the entire court appearance could be over quickly or last several hours. And many judges will see cases that have an attorney first – making it frustrating for those who represent themselves. But you can reduce your stress and avoid missing critical events by freeing up your calendar for the day.
• Be patient. Courtrooms can be scary and intimidating. And they are certainly not designed with an orientation toward customer service. When people feel treated poorly, ignored, or rushed – all of which are everyday experiences in court – it does not bring out the best in them. But if you prepare for this in advance, it will be easier to keep your wits about you and remain cool, calm, and collected. One of the worst things you can do is to be memorable to the prosecutor because you lose your cool. Impatience and ugly attitudes with court staff or the prosecutor makes a bad situation worse and creates unnecessary friction for you moving forward.
• Wear something that honors the formality of the occasion. It doesn’t need to be a suit, but it shouldn’t be flip-flops and shorts. If you wear a uniform for work, then that is usually perfectly fine. For example, it is common to see folks in scrubs on their way to the hospital.
• Timing matters. Whether you hire a private attorney or apply for a Public Defender, remember the clock is ticking. Prioritize making decisions about your representation, and do not drag your feet. The most important decision you make after your arrest is deciding which DUI attorney to hire. We all have different strengths – as opposed to a one-size-fits-all approach. Ask thoughtful questions and do your research! Avoid rushing the process, but do not run from the task either because it is critical to invest in finding the right attorney for you. Your future self will thank you!

Understanding these basic tips is a good start for preparing for your court date. But do not let unanswered questions cause you more stress or anxiety! Contact us today for a free consultation.