What is a Walk-and-Turn Test in Hidalgo County?
The walk-and-turn test is a standardized field sobriety test that is typically used by Hidalgo County law enforcement officers to determine whether a driver might be under the influence of drugs or alcohol.
How is the Walk-and-Turn Test Administered?
The walk-and-turn test typically involves a participant walking in a straight line, heel-to-toe, for approximately nine steps with the participant's arms at their side. The driver is then ordered to turn around and walk back to the original starting point in the same heel-to-toe manner.
Walk-and-Turn Test Clues of Impairment
Law enforcement officers typically look for several different clues while conducting the walk-and-turn test and typically give a point for each clue observed during the test. The several clues of impairment in a walk-and-turn test include:
- Lack of balance while following instructions
- Beginning before the end of the instructions
- Pausing to regain balance
- Failing to touch heel-to-toe while walking
- Stepping off of the straight line
- Raising or moving arms to maintain balance
- Losing balance while turning around
- Taking more or less steps than instructed to take
- Failing to perform the test
The officer conducting the test often provides multiple opportunities for a driver to complete the test to further observe the clues of impairment and help ensure such clues show impairment.
Problems with the Walk-and-Turn Test in Texas
Unfortunately, the commonly used walk-and-turn test is not a very reliable test for determining intoxication, which could result in inaccurate DWI charges. The unreliability of the walk-and-turn test often relates to the test itself and the individual participating in the test.
Suitable Conditions
For example, the walk-and-turn test is often given wherever the driver was stopped, so the test may not be conducted on a level, dry, hard, or non-slippery area. Unsuitable ground conditions could threaten the reliability of a walk-and-turn test, especially if it is the sole test conducted by a police officer.
Factors Affecting the Driver
Additional factors could relate to the person undergoing the walk-and-turn test that might prevent reliable test results. One of the common factors is a physical or mental disability or problem that prevents the driver from performing the walk-and-turn test correctly, thereby implying that the test was failed.
Furthermore, the driver might be distracted while performing the test by vehicles driving by, the officer moving around while examining the driver, or common loud noises while on the roadside.
Another common factor is clothing or footwear that prevents easy movements. If a driver is wearing footwear that makes it hard to perform the walk-and-turn test, such as high heels, the results could be unreliable. Unsuitable clothing, such as excessively tight or baggy pants, could also inhibit an individual's ability to properly complete the walk-and-turn test.
How a DWI Attorney Can Help You
The issues surrounding the walk-and-turn test are important for an individual charged with a DWI offense. The experienced attorneys at The Law Office of Alejandro Muñoz, PLLC understand how problems with the walk-and-turn test could be used to discount the validity of the test.
If the walk-and-turn test can be discounted, there could be sufficient doubt to prevent a conviction for a DWI offense. Additionally, invalidating the test could prevent further prosecution early on in a case. Call The Law Office of Alejandro Muñoz, PLLC today at 956-348-2121 or contact us online to schedule a free consultation.