The Law Offices of Edward Harrington Heyburn, PC

This test is administered in two stages:

(a) The instructions stage – the subject must stand with their feet together, keeping their arms at their sides while listening to instructions. This tests the subject’s balancing and information processing abilities.

(b) The balance and counting stage – the subject must raise one leg (either left or right) approximately six inches off the ground, toes pointed out, keeping both legs straight, with arms at sides. While looking at the elevated foot, the subject must count out loud until they are instructed to stop. This is a 30 second exercise timed by the officer. The subject should count for 30 seconds as studies show that impaired individuals are able to stand on one leg for up to 25 seconds but that few can do so for 30 seconds. This is a divided attention task which tests mental and physical impairment.

While the test is being administered, the police officer is looking for four (4) validated clues:

1. Swaying while balancing

2. Using the arms to balance

3. Hopping

4. Putting one foot down

Studies show drivers who exhibit two or more clues or those who cannot complete the test or who put their foot down three or more times during the 30-second period have a BAC above 0.10%, 65% of the time.

Note:

• The officer should explain and demonstrate the test to the subject.

• If the subject puts their foot down, they should continue counting from that point.

• Ideally, the test should be performed on a reasonably dry, hard, level and non-slippery surface. NHTSA recognizes the fact that this ideal condition will not always be realistic.

• The subject may opt to remove any footwear they feel will hinder their performance on the test.

Here is how the test is administered.