The next test that a police officer will ask the DUI suspect to perform is the 9 step walk and turn. Once again, the DUI suspect is not required to take this test. However, the police officer does not need to tell the DUI suspect that they can refuse the test.
The test consist of the DUI suspect listening to instructions in a heel toe position. The police officer will ask the DUI suspect to take 9 steps, walking in a straight line, walking heel to toe, on the ninth step turn pivoting on one foot and take 9 steps back.
There are two parts to this test. First there is the instructional phase and the test taking phase. The police officer is looking for 8 things. During the instructional phase, the officer is trying to see if the DUI suspect can keep his or her balance and starts the test too early. During the test, the police officer is trying to see if the DUI suspect stops walking, walks heel to toe, walks in a straight line, uses arms to balance, turns correctly and takes the correct amount of steps.
Some of these tests may be difficult if
- The DUI suspect is sick
- The DUI suspect has physical injuries
- The DUI suspect is overweight
- The DUI suspect is 65 years or older
- The DUI suspect is not wearing good footwear
- The DUI suspect is being tested in poor weather
- The DUI suspect is being tested on an uneven road
Call Attorney Jason Chan to talk about your case today at 508-808-8902.