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San Diego DUI Lawyer G. Cole Casey
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I n order to perform this DUI test it is required that it be performed on a hard, dry, level, non-slipping surface with sufficient room for the suspect to complete nine heel-to-toe steps. This DUI test loses some effectiveness when conducted in certain wind and / or weather conditions that counter this criteria. The drunk driving testing manual calls for a straight line, which must be clearly visible on the surface, but in the course it is taught that the drunk driving test can be performed parallel to the curb. Conditions must be such that the DUI suspect would be in no danger if he or she were to fall in the course of being tested for driving drunk.

Do you remember in Driver's education that the driving instructor told you never to look at the wheels of a Tractor Trailor while it was driving beside you? This is because humans have a normal tendency to aim for where they are looking. Try walking a straight line while looking at the curb sober, and you will find that you are drawn to the curb. There are some people who should not be subjected to the walk and turn test - even the average sober person would have difficulty passing. People who are more than sixty five years of age, or are fifty or more pounds overweight, or those with any physical impairment that would affect their ability to balance, should not be administered the walk and turn test. San Deigo Police Officers are trained to take individual factors into account when developing their probable cause to arrest for DUI in San Diego. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes prior to submitting to the test, as platform or spiked heels may diminish the validity of the sobriety test results. Persons who are unable see out of one eye may also have trouble with the walk and turn field sobriety test due to poor visual depth perception, and should not be subjected to this type of field sobriety test.

The Walk and Turn test is an objective test frequently used by San Diego Police Officers to check for DUI, and is based upon certain predictable errors that a person under the influence is presumed to demonstrate,as well as scoring factors that are presumedn to give the police officer a defined basis for passing and failing other than their subjective opinion.

In order to properly administer the Walk and Turn test, it is important to understand what type of test it is. The Walk and Turn test is commonly referred to as a "Divided Attention Test" because it divides the DUI suspect's attention between mental and physical tasks. The physical tasks include balance and coordination, while the mental tasks include comprehension of verbal instructions, processing of information, and memory recall. While a person may be able to perform one task, they may not be able to perform the other if under the influence of an alcoholic beverage. While the drunk driving suspect is performing the Walk and Turn test, the police officer must observe the DUI suspect from three or four feet away and remain motionless while the suspect performs the test. If the police officer is too close to the DUI suspect, or is causing excessive motion, the police officer's actions may cause the DUI suspect to make errors they may not have otherwise committed. Excessive motion or proximity to the DUI suspect will negatively affect the validity of the Walk and Turn test results, as even a sober person may have difficulty under such conditions.

The San Diego Police Officer must give good verbal instructions when adminitering the Walk and Turn test, and accompany the test with demonstrations when having the DUI suspect perform the test. The police officer must also make sure that the DUI suspect understands the field sobriety test instructions, and the officer must be trained to receive an acknowledgement of same, and to document an affirmative response. This test is scored in relation to eight scoring factors that can be seen in two separate stages.

The first phase of the Walk and Turn test is the Instruction Stage.
This phase of the test will set the stage for the entire Walk and Tun test. If the San Diego Police Officer does not follow prober Field Sobriety Test training and procedure during this stage, it may affect the validity of the entire Walk and Turn test. The police officer must verbally inform the DUI suspect to assume the heel to toe stance, and must provide a physical demonstration to the suspect. The DUI suspect is instructed to place their left foot on the line, and subsequently place their right foot on the line ahead of their left foot, with the heel of their right foot ligned up against toe of their left foot, which must be demonstrated to the suspect undergoing the testing. In the absence of police officer demonstration, the instructions given alone will decrease the validity of the test.

The San Diego Police Officer is instructed by way of field sobriety test training to ensure the DUI suspect's right foot is in front of the left foot to start, in order to maintain uniformity of the test. This also becomes important later in the test during the turning evaluation. If the drunk driving suspect is instructed or demonstrated improperly, it may affect the DUI suspect's performance during this part of the test. After accomplishing the starting position, the San Diego Police Officer must instruct the drunk driving suspect to remain in the Walk and Turn test starting position until they are directed to start walking. The San Diego Police Officer must ensure that the DUI suspect understands these instructions.

Which foot do you favor? Would it feel unnatural to start with the opposite foot? There are two ways that the police officer can assess a point to the DUI suspect's Field Sobriety Test performance. If the drunk driving suspect cannot maintain their balance while listening to the police officer's instructions, a point against the DUI suspect is scored. This item is only scored if the drunk driving suspect does not maintain the heel to toe position throughout the entire Walk and Turn test instructions.

San Diego Police Officers are trained to be conservative in their field sobriety test scoring, and trained not to score a point if the DUI suspect sways, or uses their arms to balance while maintaining the starting position during this stage of the field sobriety test. Now it's OK to balance using your arms! (but only during this stage of the test). A second scoring factor is known as starting too soon. This is given if the DUI suspect begins to walk prior to being instructed by the police officer officer to do so. This can only be scored if the San Diego Police Officer specifically instructed the drunk driving suspect not to start until told to begin, and the DUI suspect stated they understood this instruction. Have you ever thought a person was finished speaking and started to repond before they were actually done?

The second stage of this test is known as the Walking Stage.
The San Diego Police Officer is to explain the Walk and Turn test requirements, using verbal instructions, accompanied by actual demonstrations. The San Diego DUI suspect is informed again, that when instructed to begin, they must take nine heel to toe steps, turn around, and take nine heel to toe steps back to their original starting point. The police officer must demonstrate two or three heel to toe steps for the drunk driving suspect prior to administering the test. The police officer must then inform the DUI suspect and demonstrate the same, that when the turn is performed, the suspect must keep the foot on the line, and turn by taking a series of small steps. If the police officer demonstrates or instructs beginning with the wrong foot, the manner in which a DUI suspect turns and performs the test will also be affected. The police officer is then to continue informing the DUI suspect to keep their arms at their sides while walking, to watch their feet at all times, and to count their steps out loud. The drunk driving suspect must be told that they can not stop once they start walking.

When the police officer demonstrated the test did he or she remember to not look at the ground?

If the police officer does not reiterate the question of understanding, or gain an affirmative response from the suspect, it is likely the test might not be scored fairly and properly, thereby invalidating the results.

Scoring the Walk and Turn Sobriety Test
There are six scoring factors that can be observed in this stage of this field sobriety test. The first factor is if the drunk driving suspect stops while walking in an effort to steady themselves. The police officer cannot score this factor if the DUI suspect is merely walking too slowly. The suspect must pause for several seconds after one step. If this occurs, San Diego Police Officers are trained to have the DUI suspect begin from the point of difficulty, rather than starting over, as the Walk and Turn test loses sensitivity if repeated several times. Another scoring factor is referred to as not touching heel to toe, which can be very subjective. If the suspect leaves a gap of one half inch or more between their heel and toe, or does not walk straight along the line, they can only be assessed one point, regardless of how many times it has occurred.

If the DUI suspect sways, or uses their arms for balance during the instruction stage, a point cannot be scored. A point can only be scored if during the walking stage, the suspected drunk driver raises one or both arms more than six inches from their side in order to maintain balance. If this is noticed to be the normal position of their arms, as in some bodybuilders, San Diego Police Officers are trained to be conservative in their scoring, while taking the suspect's natual position into account. Any benefit of the doubt must be given to the suspected drunk driver. The next way a DUI suspect can be given a point is if they lose balance while turning. This factor in determining DUI can only be scored if the suspect removes both feet from the line while turning, or does not take several small steps, and pivots in one movement, as in an about face movement. It is imperative that the police officer has demonstrated and articulated this movement properly in order to be scored accurately. It is equally important that the police officer be conservative in their evaluation of this turn and not be overly critical.

Finally, the last scoring factor is whether the suspect takes the incorrect amount of steps. This factor is scored only once, even if the incorrect amount of steps are taken in either direction. The suspect was instructed to look down at their feet while performing this stage of the test and to count their steps out loud, but if they don't adhere to such instructions, they cannot be scored and penalized a point as these are not a scoring factor. There are two ways that the DUI suspect can receive a maximum of eight points on the Walk and Turn test; if the suspect steps off the line three or more times, or they are unable to perform the test. If they cannot perform the test, this must be explained by the police officer. A degree of 68% reliability has been attached to the Walk and Turn Field Sobriety test. If the suspect receives two total points on the test, San Diego Police Officers are trained to use this as probable cause to believe that the suspect is indeed under the influence of an alcoholic beverage and to make a drunk driving arrest.