The One Leg Stand Test in Ohio: What the Officer Is Looking For

The balance test from our field sobriety guide.

The One Leg Stand test is one of the three standardized field sobriety tests Ohio officers use during an OVI investigation. It is a balance and divided-attention test, and the officer is watching for four specific clues. As with the other field tests, each clue has requirements the officer must follow, and the test can be affected by conditions that have nothing to do with alcohol. Call (937) 318-1384 for a free consultation.

This test often goes with the walk and turn as well as the HGN test.

What Is the One Leg Stand Test?

The One Leg Stand test is part of the three-test battery of standardized field sobriety tests, alongside the horizontal gaze nystagmus test and the Walk and Turn test. It is a divided-attention test: the subject is asked to stand with one foot off the ground and maintain that position while the officer observes, during a 30-second count. The officer looks for and records “clues” that the subject is told equate to an increased likelihood of impairment. On the One Leg Stand test there are four clues, and a knowledgeable defense looks closely at how each one was scored.

The Four Clues of the One Leg Stand Test

1. The subject sways while balancing. This refers to side-to-side or back-and-forth motion while the subject maintains the One Leg Stand position. Importantly, slight tremors of the foot or body should not be interpreted as swaying.
2. Uses arms to balance. This clue is recorded when the subject moves the arms six or more inches from the side of the body in order to keep balance.
3. Hopping. This clue is recorded when the subject is able to keep one foot off the ground but resorts to hopping in order to maintain balance.
4. Puts the foot down. This clue is recorded when the subject is not able to maintain the One Leg Stand position and puts the foot down one or more times during the 30-second count.

Why the One Leg Stand Test Can Be Challenged

Standing on one leg for thirty seconds is difficult for many sober people, and performance can be affected by age, weight, injuries, the walking surface, footwear, weather, and simple nerves. The officer must administer and score the test correctly, and the specific requirements matter. Slight tremors, for example, are not supposed to be counted as swaying, and the arms clue is only recorded when the arms move six or more inches from the body.

In my practice we have seen a trend toward turning the “substantial compliance” standard into a de facto prejudice standard, where the burden is subtly shifted to the defendant to show that he or she was prejudiced by an officer’s failure to follow the NHTSA standards. When the defense can point out that an officer did not give the proper instruction and still scored the test against the defendant, a court may consider excluding some or all of the test. Careful review of the video and the officer’s testimony is essential.

The One Leg Stand Test in Drug Cases

Unlike the HGN eye test, the One Leg Stand test can be used in marijuana cases. In State v. Dixon, 2007-Ohio-5189, the court concluded that observations of performance on the Walk and Turn test and the One Leg Stand test were indicative of impairment and could be used against a suspected marijuana user. The horizontal gaze nystagmus test, by contrast, is not indicative of marijuana impairment, and it was plain error to admit HGN evidence against a defendant accused of marijuana impairment. That distinction can matter a great deal in a drug OVI case.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

In preparing to defend OVI cases, Charlie took the same Standardized Field Sobriety Testing course that law enforcement officers take, and then took the additional step of completing the SFST Instructor class, meaning he is qualified to teach officers how to administer and evaluate the field sobriety tests. Twice a year for fifteen years he put on a mock motion-to-suppress trial for the Greene County Peace Officer Training Academy. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the National Trial Lawyers Top 100 for Criminal Defense, and has appeared in Time and Car & Driver Magazine for OVI defense.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Frequently Asked Questions about the One Leg Stand test

Free Consultation

If you took the One Leg Stand test during an OVI stop in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.