Galveston DWI Attorney - Walk and Turn Field Sobriety Test
Brian Foley, Board Certified in Criminal Law
In Galveston, Texas, being pulled over for suspicion of driving while intoxicated (DWI) can be a daunting experience. Field sobriety tests play a significant role in determining impairment during traffic stops, and one such test is the 9-Step Walk and Turn. For individuals facing DWI charges, understanding the intricacies of this test is crucial. Let's explore the history, administration, and challenges associated with the 9-Step Walk and Turn test.
The History of the 9-Step Walk and Turn Test: The 9-Step Walk and Turn test, developed by the National Highway Traffic Safety Administration (NHTSA), is designed to assess a suspect's divided attention and balance. It is based on the premise that alcohol impairment affects cognitive abilities and motor skills. Law enforcement officers have been trained to administer this test as part of the standard protocol for DWI investigations.
Administering the 9-Step Walk and Turn Test: During the 9-Step Walk and Turn test, the suspect is instructed to take nine heel-to-toe steps along a straight line, turn, and take nine heel-to-toe steps back. The officer provides specific instructions, including keeping arms at the sides, maintaining balance, and counting each step aloud. The officer observes for indicators of impairment, such as:
Cannot keep balance during instructions: The individual sways or loses balance while listening to the instructions for the test.
Starts before instructed: Initiating the test before the officer completes the instructions indicates a lack of attention or comprehension.
Stops while walking: Ceasing to walk during the test, whether to regain balance or for any other reason, is considered a clue of impairment.
Does not touch heel-to-toe: The individual fails to maintain proper heel-to-toe contact while walking along the line.
Steps off the line: The individual steps off the line marked on the ground during the test, indicating difficulty maintaining a straight path.
Uses arms for balance: Extending arms to maintain balance while walking is considered a clue of impairment, suggesting difficulty maintaining equilibrium.
Incorrect number of steps: Taking the incorrect number of steps during the test, either too many or too few, indicates issues with cognitive function or attention.
Improper turn: Failing to execute the turn as instructed or taking an incorrect number of steps during the turn is considered a clue of impairment, suggesting difficulty with coordination and comprehension.
Interpreting the Test Results: The officer assesses the suspect's performance based on specific criteria outlined by the NHTSA. Any deviations from the instructed procedures or observable signs of impairment may be noted as evidence of intoxication. However, factors such as nervousness, fatigue, or medical conditions can affect performance on the test.
Challenging the 9-Step Walk and Turn Test: While the 9-Step Walk and Turn test is intended to be a standardized measure of impairment, its reliability can be challenged. Defense attorneys may question the test's validity based on factors such as the officer's training, environmental conditions, or the suspect's physical limitations. Additionally, video evidence of the test administration can provide valuable insights into the suspect's performance and any discrepancies in the officer's observations.
Conclusion: The 9-Step Walk and Turn test is a widely used field sobriety test in Galveston and across the country. Understanding its history, administration, and limitations is essential for individuals facing DWI charges. With the guidance of a knowledgeable criminal defense attorney like Brian Foley, individuals can challenge the results of the 9-Step Walk and Turn test and other evidence presented by the prosecution. If you've been charged with DWI, don't navigate the legal process alone. Seek the expertise of a trusted attorney to protect your rights and pursue the best possible outcome for your case.
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