North Carolina Criminal Law Updates
The One Leg Stand, or “OLS,” is one of three “verified” Standardized Field Sobriety Tests (SFSTs) recognized by the National Highway Traffic Safety Administration (NHTSA), alongside the Horizontal Gaze Nystagmus and the Walk-and-Turn test. If pulled over on suspicion of impaired driving on the Outer Banks of North Carolina, there’s a reasonable chance the charging officer requested the suspect to submit to the One Leg Stand test.
The One-Leg Stand is a type of divided-attention test. The officer instructs a driver to stand on one leg, raise the other approximately six inches off the ground, keep the raised leg straight, point the toe of the raised foot, and count aloud until told to stop. Training materials direct the investigating officer to time the driver for 30 seconds. That sounds relatively straightforward. Like other field sobriety tests, however, the administration, interpretation, and reliability of the One Leg Stand can be far more complicated than the basic instructions suggest.
Whether the One Leg Stand is actually a reliable indicator of impairment depends on officer training, adherence to proper procedures and protocols, roadside conditions, and the individual being tested. SFST results are regularly used as evidence in DWI prosecutions. They support arrest decisions and the determination of probable cause to arrest. They get presented to judges and juries. In North Carolina, courts apply N.C.G.S. ยง 20-138.1 to evaluate impaired driving charges, and the use of OLS evidence in that process can make or break a case.