If you were arrested for a DUI in the state of Florida based primarily on the results from a walk and turn test, then you need to talk to a DUI attorney immediately. If you have the right attorney on your side, they can show the flaws in this test and why it shouldn’t be considered evidence against you.
The purpose of the walk and turn test
This DUI exercise is supposed to show a police officer if you’re able to balance, if you’re impaired, and if you can follow instructions. The test is relatively simple: The officer will ask you to walk and then back up on a line. Unfortunately, the results are often less than reliable.
The test is rarely administered as it’s supposed to be
There are many specifics about how this test is supposed to be administered: It should be a well-lit area, the surface should be flat, the line you’re supposed to walk on should be thick and white, and you should be away from traffic. If you don’t have on flat shoes then the officer should instruct you to take them off so that they can’t affect your ability to balance.
The officer should ask you to start at one end of the line and walk across it with one foot in front of the other. They’ll ask you to take nine steps. Once that’s done, they’ll have you turn back and walk nine steps the other way. If any of these steps aren’t followed precisely then your criminal defense attorney should be able to argue that the results of the test shouldn’t be considered.
It’s impossible to fail the test – no matter what the police tell you
The thing about these tests is that they aren’t tests! They are measuring devices that are supposed to only be used by the police to measure if you’re potentially impaired. They are deeply flawed and should never be used as proof that you were flawed.
Many things can change your results
There are so many different things that could affect your ability to pass a walk and turn test. For example, you may have an injury that makes it difficult to balance. You may have just gotten off of work and be tired on your feet. You may not be able to see the line well due to the area not being well lit.
If you have been charged with a DUI, whether the walk and turn test was used or another one was used, then you should reach out to Gilbert and Smallman today. We are here to help you fight for your rights and for the best possible outcome.