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    Top 10 DWI Mistakes [+]
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Is the One Leg Stand easy? Check the grade!

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.

Categories: DWI
  • Recognition

    For Skill & Commitment

    I have been given the honor of inclusion on the list of Texas' Super Lawyers® as a Rising Star

    About Troy P. Burleson [+]
  • Guidance

    From a Knowledgeable Attorney

    The smallest mistake could dramatically and adversely affect the direction of your case.

    Top 10 DWI Mistakes [+]
  • Real Results

    That Changed Lives

    I have consistently won over 70% of the cases I represent. Read about my victories!

    Case Results [+]
  • Contact Us

    Request a Consultation

    You only have 15 days to save your license! Contact us today for a free case evaluation.

    Start Your Defense [+]