All About the Walk and Turn Test in a Nevada DUI Case

The Walk and Turn (WAT) Test is one of the field sobriety tests (FSTs) that Nevada police administer to determine whether a person is guilty of driving under the influence.

Within the WAT, any mistakes are marked as “clues”. Two or more “clues” cause you to fail the WAT, and a failure may indicate you were drunk driving, even though the WAT is an unreliable test.

How Do Officers Administer the Walk and Turn Test?

The walk-and-turn test is simple. You are required to;

• Walk in a straight line, heel-to-toe, taking nine steps while counting them aloud
• Pivot on one foot on the last step, turning back around
• Take nine more steps, heel-to-toe, in the same way

During your test, the police officer may be looking for certain behaviors, such as:

1. A loss of balance while listening to the officer’s instructions
2. Walking before the officer has finished giving the instructions
3. Stopping during the walk (this doesn’t include walking slowly)
4. Failure to walk heel-to-toe
5. Failure to walk in a straight line
6. Using arms to balance
7. Losing balance during the pivot
8. Failure to take the correct amount of steps

The Reliability of the Test

People often wonder how reliable the WAT test really is. In fact, it is very unreliable. It has been estimated that only two out of three drivers who fail the WAT test are intoxicated. In most cases, the WAT is quite difficult to perform for people in those conditions. Some of the reasons people fail include:

• Walking on an Uneven sidewalk
• Wearing Uncomfortable footwear
• Physical or mental conditions that cause an imbalance
• Nervousness caused by the officer’s conduct
• Fatigue
• Illness
• Failure to understand instructions
• Bad weather conditions that obstruct one’s the vision
• External environmental distractions such as traffic or police sirens
• Bright lights such as the sun or headlights
• Wearing Uncomfortable clothing
• Insufficient lighting that may cause confusion
• An Officer’s error in judgment or incorrect scoring

These tests are recorded on an officer’s dashcam. Criminal defense attorneys can study the dashcam footage to find any external conditions that may prove you were not using drugs or alcohol.

Is the WAT the only Standardized Field Sobriety Tests?

The WAT isn’t the only field sobriety test. The police officer may administer two other tests: first, the horizontal gaze nystagmus test (HGN) and second, the one-legged stand test (OLS).

The HGN Test

The HGN test involves the police offer waving a penlight or a finger in front of your face. You will be asked to follow it with your eyes, and to not move your head. If your eye involuntarily jerks, the police officer may take it as a sign of intoxication.

The OLS

The one-legged stand is where you are required to stand on one foot raised above the ground, without raising your arms, and count to thirty.

 Alleged “Clues” of intoxication include hopping, swaying, putting your foot down, or raising your arms.

Does Failing the WAT lead to an Arrest?

Yes, normally. Failing the WAT usually leads to a DUI arrest. However, there are many other factors that the police may consider before arresting you for drunk or drugged driving. These include:

• The duration of time in between the officer’s signal to pull over and when you’re pulled over.
• Your demeanor while speaking with the officer
• Any odors of alcohol or marijuana from you or the vehicle
• Glassy or Bloodshot eyes
• If you take a long time or have trouble presenting your license or registration
• If you admit to having, or are found to have, alcohol or drugs in your vehicle
• If you fail the preliminary breath test
• If you refuse to take the field sobriety tests

Is it Possible to Win a DUI Case?

Yes, you can win a DUI case with the help of defense lawyers. They can get your charges dropped or lowered. Some defenses that are commonly used by lawyers include;

1. A lack of probable cause for the stop
2. Physical or mental conditions and any related medicines that can mimic intoxication, for example, diabetic ketoacidosis
3. Defective instruments, such as a defective breathalyzer
4. Blood Sample Contamination
5. Improper instructions givern during FSTs

DUI lawyers carefully analyze all evidence to look for details that may help you win the case. They also look for parts of the investigation where the officers have made mistakes. If your lawyer proves reasonable doubt exists in your case, you will be found not guilty of driving under the influence.

Were you recently arrested for a suspected DUI in Nevada? Our Las Vegas criminal defense lawyers can help. Call today to discuss your options and find solutions to get your DUI charge dismissed or reduced to reckless driving and save your driver’s license. Our attorneys are available to defend yourfelony and misdemeanor cases throughout the state of Nevada.