Columbus Lawyer Colin Maher

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DUI/OVI DEFENSE LAWYER

The officer will ask you to stand with your feet together keeping your arms at your side. While you hold this position, the officer will continue with the instructions. After the instructions are completed and you are told to begin, the officer is looking to see if you sway while balancing, use your arms to balance, hop, or put your foot down.

One Leg Stand Test Procedures

If you are wearing heels more than two inches high, you should be given the opportunity to remove them. The proper procedures for administering the one leg stand test are as follows:

  • Instructs to stand with feet together, arms down at your side, and demonstrates
  • Instructs not to start until told
  • Asks if you understand the instructions so far
  • Instructs that when tells you to start, raise either leg keeping your foot parallel to the ground about six inches high and demonstrates
  • Instructs to keep both legs straight with your arms at your side
  • Instructs that while holding that position, count one thousand and one, one thousand and two, one thousand and three until told to stop
  • Instructs to keep arms at sides at all times and keep watching the raised foot
  • Asks if you understand
  • Instructs to begin
  • Stays as motionless as possible so as not to distract you
  • If you put your foot down, instructs you to pick it up and continue counting where you left off
  • Terminates test after thirty seconds (not based on your count)

If the one leg stand test is not administered in substantial compliance with the above procedures, you may have adequate grounds to keep the test out of evidence.

COLUMBUS DRUNK DRIVING ATTORNEY | THE MAHER LAW FIRM | 614-205-2208

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