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Report Something WSP is committed to keeping the public safe but we need your help. You can help keep our state safe by reporting harmful behavior. Submit a Compliment or Complaint File an official compliment, complaint, or comment through our Office of Professional Standards. The second test of the battery is the Walk and Turn test.
Commonly described as "walk the line," or "walk a straight line. In my experience, this test is reported to me by clients, and also captured on video, as being improperly demonstrated and instructed. The Instructional Phase is where the officer will place the person in the standardized stance of right foot in front of left, touching heel to toe with the arms at their sides.
The person is required to maintain this position until the officer instructs and demonstrates to the person how to do this test, as well as provide an opportunity to ask clarifying question. If the person happens to step from this position uncomfortable, nervous, physically unable to maintain this stance or any reason that is counted as 1 clue against - called Cannot Keep Balance. It only takes 2 clues to fail this test so a person is halfway to failure already, and they have not even begun the walking phase yet.
During this phase the officer must have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:. Once the person is placed in this position there are a required demonstrations and instructions for the Walking Stage.
The officer is required to:. Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:. It is only after reciting in this exact manner, using these exact phrases and language that the test properly explained. If a person starts during this instructional phase because an officer pauses long enough where it seems the instructions are complete, or if the person chooses to take a "practice step" during the instruction phases, this is another clue to the officer to be used against you.
The clue is called Starts Too Soon. In fact, if this happens, AND you start too soon as described earlier, these 2 "clues" indicate you have already failed this test. The threshold for the test is 2 of 8 possible clues. Any combination of 2 is a fail. Once this instructional phase is done the person is provided an opportunity to ask questions. If there are questions, the officer must re-instruct using the same language. Once done, or if there are no questions, the person is allowed to begin.
The intense instructions are a problem when a suspected DUI driver is less than fluent in the English language. Unfortunately, even when English is a second language and it is clear, there are no accommodations made for the person and they are expected to complete the test as instructed. The actual test requires a solid straight line and if one is not available the person is required to "imagine" this line. I have always wondered how wide my imaginary line is versus the officer's imaginary line is?
This is important because the clues that are looked for are:. These clues can also be "Double Dipped. Footwear will also cause footing issues. The weather, the slope of the roadside, trucks going by at freeway speeds with gusts of wind, cars driving by, these can and do all contribute to the test performance.
Officers are trained to tell the person that these factors will all be taken "into consideration," but that is just a phrase to get the person to do these tests. This is not a timed test, not a test of counting, nor even a balance test despite the tricky "tightrope walker" stance; rather, it is a divided attention task. By providing numerous instructions requiring a person to watch, listen and then perform without being able to ask questions along the way requires dividing ones attention.
Anyone who is aware of the learning limitations associated with this ADA recognized disability knows that stress and distracting circumstances will greatly affect the person's learning ability even if the instructions appear straight forward enough. In fact, the test does not account for this disability and many more such as deafness, vertigo, inner ear issues, to name a few.
Unfortunately, the nexus between the tests and driving is created by the fact that driving is a divided attention task. In fact is a "complex divided attention task" as will be the testimony of State toxicologist in DUI trials. Therefore, 2 clues means you have the inability to properly divide attention. The OLS is the third and final test of the 3 learned and usually given at the roadside, although the manner in which they are learned has no bearing on the manner in which they are to be administered.
The OLS requires a dry, level surface. The person is told to stand with feet together and hands at their side and the officer continues to provide further instructions.
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