The Walk and Turn Sobriety Test is the second of the three field sobriety tests often administered by police officers during OVI / DUI traffic stops. The Walk and Turn Test is classified by the National Highway Traffic Safety Administration (“NHTSA”) as a psychophysical field sobriety test. Psychophysical field sobriety tests are used by police to assess an individual’s mental and physical impairment.
This psychophysical test is a divided attention test. The Walk and Turn Test requires an individual to concentrate on two things at once: comprehending instructions and performing the physical test. Police officers are trained under the NHTSA manual that the act of driving a vehicle requires that an individual divide his/her attention among multiple tasks.
The instructions for the Walk and Turn Test require that an individual begin by standing in a position where their left foot is placed on an imaginary straight line (at the direction of the police officer), with their right foot directly in front of their left foot touching heel to toe. The individual is then required to take nine heel-to-toe steps down the imaginary line, pivot on their front foot, and then take nine heel-to-toe steps back down the imaginary line. While performing the test, the individual is required to look down at their feet and keep their arms at their side while walking.
Incorrect Number of Steps: If the individual takes more than or fewer than nine steps in either direction, police officers record this as a clue of impairment.
The NHTSA manual trains police officers that if an individual exhibits two or more clues on the Walk and Turn Test or fails to complete the test, they can be classified accurately 68 percent of the time as having a blood alcohol content above .10 percent of one gram or more by weight of alcohol per 210 liters of the person’s breath.
The instruction phase of the Walk and Turn Test can be incredibly difficult for many individuals to comprehend and even more difficult to perform. This is especially true when field sobriety tests are given in inclement weather, under poor lighting conditions and when several police officers are at the scene watching. This is an incredibly intimidating and scary for feeling for an individual to have to perform a field sobriety test under such circumstances. In addition, police officers have both performed and administered field sobriety tests, such as the Walk and Turn Test, many times in their careers. For most individuals arrested for an OVI / DUI offense, this is the first time that they have ever had to perform field sobriety tests.
Police officers frequently fail to administer field sobriety tests in accordance with the NHTSA Manual instructions. When police officers fail to administer field sobriety tests, such as the Walk and Turn Test, properly, the validity of the test is compromised!
Defense attorney Michael Probst has handled hundreds of OVI / DUI cases and has significant experience reviewing video and audio evidence of the administration of Walk and Turn Tests by police officers during traffic stops and challenging the administration of Walk and Turn Tests at suppression hearings. A thorough and exhaustive defense of the administration of the Walk and Turn Test from an experienced DUI attorney is crucial to every OVI / DUI case. For more information about how our Columbus, Ohio DUI attorney can help with your case, please give us a call at your earliest convenience.
Yes. In Ohio, field sobriety tests—including the Walk and Turn—are voluntary. You are not legally required to perform them, and refusing them does not carry the same automatic license suspension as refusing a chemical breath or blood test at the station. However, the officer may still arrest you based on other observations (such as the smell of alcohol or slurred speech).
According to NHTSA standards, if an officer observes two or more clues out of the eight specific indicators, it is considered a “failing” performance. This allows the officer to claim there is a 68% probability that your BAC is 0.08% or higher.
Medical conditions, inner ear issues, back injuries, or leg problems can significantly impact your balance and lead to “clues” that have nothing to do with alcohol. If you have a condition that affected your performance, it is vital to inform your attorney so they can use medical records to challenge the test results.
Absolutely. NHTSA guidelines state the Walk and Turn should be performed on a reasonably dry, hard, level, and non-slippery surface. If you were asked to walk on a sloped shoulder, gravel, or in high winds or rain, the validity of the test can be legally challenged.
Yes. Officers are required to give specific verbal instructions and a physical demonstration of the turn. If the officer failed to follow the standardized protocol, the results may be suppressed (thrown out) in court because the test was not administered in “strict compliance” with NHTSA standards.
NHTSA’s own research suggests that the Walk and Turn test may not be accurate for individuals who are 50 pounds or more overweight or for those 65 years of age or older. If you fall into these categories, your attorney can argue that the test was an unfair measure of your sobriety.
It is usually best to remain silent regarding your performance until you speak with an attorney. Any excuses you give at the scene (e.g., “I’m just tired”) can be used by the prosecution to argue that you were admitting to being impaired or “off” in some way.
