In every DWI trial, I hear the same thing. An officer, and usually a prosecutor, telling the jury that Field Sobriety Tests are easy and that an average person can easily do them. In response, I usually ask the jury, "Have you ever taken a test before? Is so, what did you have to make on the test to pass?"
Usually, the answer from jurors is 70%, or a C. I then ask, "Would you be surprised to find out that you have to score a 98 to pass the one leg stand?" Without exception, they are surprised. You may be asking yourself how I arrived at a score of 98 to pass the One Leg Stand Test (OLS).
Here is how the math works.
There are 4 clues that officers look for on the OLS test. A clue basically means you do something you are not supposed to do. The 4 clues on the OLS test are:
1) Puts foot down;
2) Hops;
3) Raises Arms (more that 6 inches); and
4) Sways.
The OLS test last for 30 seconds. During that 30 second period, if you do any of the 4 clue above it is counted against you. If at the end of the 30 second person YOU DO 2 OF THE ABOVE, you FAILED the test and the officer believes you are intoxicated.
So, every second of the test you can possible do 4 things wrong. Therefore the total possible errors during the 30 second OLS test is 120 (30 x 4). Remember, if you exhibit 2 of the possible 120 errors during the test, you fail.
Here is the math: 2/120 = x/100
x= 200/120
x= 1.67
100 - 1.67= 98.33
YOU MUST SCORE "98" TO PASS THE OLS BASED ON THE MATH!!!
So, if you have to make a 98 to pass, do you think the OLS was designed to make you pass? I don't think so.
By the way, if you are not into math, just try and do the test yourself. Here is how:
1) Stand with your feet together and hands to your side; then
2) Lift one foot six inches off the ground, point your toe; then
3) Look at your pointed toe and count to 30.
If you do any of the 2 "mistakes" listed above as clues, YOU ARE INTOXICATED according to the police.
Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.