This field sobriety test should be given on level ground, on a hard, dry, non-slippery surface, and under conditions in which you would not be in danger of falling.

Here are some of the things the cop should have done:

The Walk-and-Turn Test requires a line that the suspect can see - If a natural line is no present, draw one in the dirt with a stick or on the sidewalk with chalk.

The DUI suspect must be able to see - if the cop can see you then the lighting is adequate, otherwise, a flashlight should be used to illuminate the line.

These limitations should have been observed/noted:

  • Some people have difficulty with balance even when sober.
  • People more than 60 years of age.
  • People more than 50 pounds overweight.
  • People with physical impairments that affect their ability to balance.
  • Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation and DUI representation.

Michael A. Richmond
360 West Lexington Avenue, Suite 100
El Cajon, Ca 92020
1 (877) 638-4435

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