EXPERIENCED LEGAL COUNSEL YOU CAN TRUST REACH OUT TODAY

Can the Walk and Turn Test Be Beaten in a DUI Case?

The Walk-and-Turn (WAT) test is one of three standardized field sobriety tests (SFSTs) administered by law enforcement to determine impairment during a DUI stop. It is designed to evaluate a suspect’s ability to follow instructions and perform specific tasks, providing clues of potential intoxication. However, the test is far from foolproof, and both the administration and interpretation of the WAT test are prone to errors.

This article examines how the WAT test works, common mistakes officers make, and strategies for challenging its results in a DUI case.

How the Walk-and-Turn Test Works

The Walk-and-Turn test is divided into two phases:

1. Instructional Phase

During this phase, the officer provides the suspect with detailed instructions on how to perform the test while demonstrating the required movements.

What the Officer Is Supposed to Do:

Give Instructions Clearly: Explain the test step by step.
Demonstrate Proper Technique: Show how to walk heel-to-toe, turn, and return.
Set the "Instructional Position": Instruct the suspect to stand with one foot in front of the other, arms at their sides, and remain in this position until told to begin.
Confirm Understanding: Ask if the suspect understands the instructions before starting.

What the Officer Looks For:

The officer observes two possible clues of impairment during this phase:

Starting the test before being instructed.
Losing balance while standing in the instructional position.

Challenges During the Instructional Phase:

The instructional phase places significant physical and mental demands on the suspect, which can be exacerbated by stress or confusion. Common issues include:

Poor explanation by the officer.
Excessive time spent in the instructional position, increasing the likelihood of movement or balance loss.
Misinterpreting normal movements, like shifting weight or adjusting posture, as clues.

2. Performance Phase

Once the suspect begins the test, they must take nine heel-to-toe steps along an imaginary or marked line, turn as demonstrated, and return using nine heel-to-toe steps.

What the Officer Is Supposed to Do:

Observe silently without giving additional instructions or corrections.
Use a standardized approach as outlined in the National Highway Traffic Safety Administration (NHTSA) Manual to evaluate performance.

What the Officer Looks For:

The officer notes six possible clues during the performance phase:

Failing to walk heel-to-toe (gap of more than ½ inch).
Stepping off the line (entire foot leaves the line).
Using arms for balance (arms raised more than 6 inches from the sides).
Stopping during the test.
Making an improper turn (e.g., pivoting incorrectly or losing balance).
Taking the wrong number of steps in either direction.

The presence of two or more clues is considered a failure of the WAT test.

Common Mistakes Officers Make in Administering the Test

While the WAT test is a standardized procedure, its reliability heavily depends on the officer’s ability to administer it correctly. Common mistakes include:

1. Poor Testing Conditions

Uneven Surfaces: The test should be conducted on a dry, level, non-slippery surface with sufficient space. Testing on gravel, sloped terrain, or icy surfaces violates NHTSA guidelines.
Inappropriate Weather: Rain, snow, or high winds can impact the suspect's ability to perform the test accurately.

2. Failing to Account for Physical Conditions

The WAT test may be unsuitable for certain individuals, such as:

People over 65 years old.
Those with back, leg, or inner ear issues.
Individuals wearing high heels (over 2 inches) who are not offered the chance to remove them.

3. Improper Scoring of Clues

Failure to Maintain Balance: Simple weight shifting or minor arm movements are often misinterpreted as a loss of balance. The NHTSA manual specifies that only a complete loss of stance ("breaking stance") is a valid clue.
Starting Too Early: Officers sometimes fail to tell suspects not to begin until instructed, yet still count it as a clue.
Misinterpreting Steps: Missing heel-to-toe contact by less than ½ inch or pausing briefly is not a valid clue but is often improperly scored as one.

4. Giving Instructions During the Test

The WAT test must be administered without mid-test corrections. Adding instructions during the test introduces additional stimuli, invalidating the results.

Reliability of the Walk-and-Turn Test

Studies have demonstrated significant variability in the accuracy of the WAT test:

Southern California Research Institute (1977): Found a 68% accuracy rate at detecting BAC levels of 0.10 or higher.
San Diego Validation Study (1998): Claimed 79% accuracy with BAC below 0.10.
Colorado and Florida Studies (1995, 1997): Reported accuracy rates of 86% and 95%, but these results apply only when combined with other SFSTs.

Given these inconsistencies, the WAT test alone is not a reliable indicator of impairment.

Challenging the Walk-and-Turn Test in Court

1. Highlight Officer Errors

Your attorney can argue that the test was improperly administered or scored, citing deviations from NHTSA guidelines, such as:

Conducting the test in unsuitable conditions.
Misinterpreting non-clues as signs of impairment.
Providing additional instructions mid-test.

2. Address Suspect’s Physical Condition

Physical conditions like injuries, age, or footwear can impair performance. Medical records or witness testimony may demonstrate that these factors, not intoxication, explain any observed behaviors.

3. Question Test Reliability

Your lawyer can challenge the scientific basis of the WAT test, emphasizing:

It has a low accuracy rate.
The lack of peer-reviewed research supports its validity.
The inherent stress and pressure of a DUI stop affecting performance.

4. Introduce Alternative Explanations for Clues

Stress, fatigue, or even uneven surfaces can explain performance issues unrelated to alcohol impairment.