The Walk and Turn Test in Ohio: What Police Look For

The divided-attention test from our field sobriety guide.

The Walk and Turn test, sometimes called the “walk the line” test, is one of the three standardized field sobriety tests Ohio officers use. On this test the officer is looking for eight specific clues, and you are deemed to have failed if you show just two of them. What most people do not realize is that each of those eight clues has technical requirements that officers frequently get wrong, and that is where the test can be challenged. Call (937) 318-1384 for a free consultation.

This test is usually given with the one leg stand and the eye test.

What Is the Walk and Turn Test?

The Walk and Turn test is a divided attention test used as part of the three-test battery of field sobriety tests. The officer will observe your performance, looking for eight (8) clues of impairment, and you will be deemed to have failed if you present just two (2) of the eight clues. According to NHTSA, the Walk and Turn test is 68% accurate in determining alcohol intoxication above 0.10% BAC when two or more clues are present.

The Instruction Stage (Clues 1 and 2)

The officer begins by asking you to stand with your right foot in front of your left, touching heel to toe. He or she then gives a series of instructions and demonstrates how the test is conducted. This part of the test is the Instruction Stage, and two clues are scored during it:

• Clue 1: Cannot maintain balance during instructions
• Clue 2: Starts the test too early

The obvious tip here is to listen as best you can, and to ask the officer to repeat any instruction you did not understand as many times as necessary. DO NOT BEGIN UNTIL TOLD TO DO SO. This is fundamental and should be one of the easiest parts of the test to comply with. It is also worth knowing that you are being judged on your ability to maintain position. Raising your arms before the test begins cannot be used as a clue. NHTSA specifically instructs that this clue must not be recorded simply because the subject raises arms or wobbles slightly.

The Walking Stage (Clues 3 through 8)

The remaining clues are where the technical requirements matter most, and where a knowledgeable attorney can find problems.

Clue 3, Stops While Walking. Early NHTSA guidance instructed the officer to record this clue only if the subject stopped to steady himself or herself. The officer should not record a clue if the subject is merely walking slowly or carefully.

Clue 4, Heel to Toe. Would it surprise you to learn that the subject is not required to actually touch heel to toe? According to the NHTSA standards, the officer is only to count this clue if a gap of more than one-half inch is present.

Clue 5, Steps Off the Line. Originally, the officer was required to use an actual designated straight line that had to be clearly visible. Later versions of the NHTSA manual removed the requirement of an actual line and allowed the officer to use an imaginary line, which raises an obvious question: how thick was that imaginary line, officer, because ours was pretty wide.

Clue 6, Using Arms for Balance. If you put most human beings on a balance beam and ask them to walk across, the vast majority will instinctively raise their arms to keep their balance. The test asks people to turn off that instinct and walk with their arms at their sides, and a subject is only clued if the arms are raised more than six inches. It is vital that the officer be heard giving this instruction, because it is so fundamentally awkward. If you were never told to keep your arms at your sides, you should not be clued on this portion of the test.

Clue 7, Improper Turn. No other portion of the test is as unfair to a first-timer as the turn. It must be done with precision, and more emphasis is placed on how it looks than on how it is accomplished. A turn done with good balance but improper technique will still be counted against the subject. The officer must instruct and demonstrate the turn properly, and the inherent unfairness of this part of the test can be used to great effect for the defense.

Clue 8, Improper Number of Steps. Extreme stress from the intimidating presence of a law enforcement officer can cause people to do strange things. Having viewed numerous videos of good people in that stressful environment, I have seen many people forget how to count to nine, mess up the alphabet, and say things they would never otherwise say. The real question is whether nerves or intoxication caused the missteps, and in my experience jurors are willing to give great latitude when they are given the proper context.

Talking Your Way Through the Test, and What Not to Say

I have seen a number of cases where the subject is taken outside the range of the cruiser camera to conduct the tests. If that happens, take advantage of the recording by talking your way through the test. One client said, “Oh, I stepped off the line because of that passing truck.” Another described the conditions, such as cracks in the road, poor shoes, cold, or shivering. There is a giant caveat, though: do not say things that will hurt your case. More than one client has met the challenge of the Walk and Turn test by saying, “I can’t do that sober.” Admissions against interest will be used against you.

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.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He completed the same NHTSA standardized field sobriety testing course that police officers attend and later became an instructor, qualified to teach officers how to administer and evaluate the field tests. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

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 walk and turn test in Ohio

Free Consultation

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