The Law Offices of Edward Harrington Heyburn, PC

This test is administered in two stages:

(a) The instructions stage – the officer provides instruction while the subject listens, standing with both feet in a specific heel-to-toe position and arms at their sides. These tasks test balancing and information processing abilities.

(b) The walking stage – the subject takes nine heel-to-toe steps, turns in a prescribed manner and takes nine heel-to-toe steps back while counting steps out loud, watching their feet, arms at their side and told not to step until the test is completed as instructed. These tasks test balancing, small muscle control and short-term memory.

While the test is being administered, the police officer is looking for eight (8) validated clues:

1. Inability to balance during instructions

2. Starts too soon during instructions

3. Stops while walking

4. Does not touch heel-to-toe (1/2 inch or greater)

5. Steps off line

6. Uses arms to balance

7. Loses balance on turn or turns incorrectly

8. Takes wrong number of steps

Studies show that, 68% of the time, drivers who exhibit two or more clues have a BAC of 0.10% or greater.

Note:

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

The test should not be repeated from the beginning if the subject has difficulty but should be continued from the point of the problem.

The officer is looking for the presence of the clue, regardless of the number of times the clue is exhibited. For instance, failure to touch heel-to-toe counts as one clue no matter how many times the defendant fails to touch heel-to-toe.

Ideally, the test should be performed on a designated straight line; on a reasonably dry, hard, level, non-slippery surface; there should be sufficient room for the suspect to perform the test. NHTSA recognizes the fact that this condition may not always be realistic and validation studies show that varying environmental conditions have not affected a subject’s ability to perform this test.

For officer safety, the subject should be observed from a safe distance.

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

Here is an example of how the test is administered.