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Writer's pictureBrian Foley

Galveston DWI Lawyer - The Walk and Turn Test

Galveston Criminal Defense and DWI Attorneys: Understanding the Walk-and-Turn Test

Galveston DWI Lawyer - The Walk and Turn Test

I’m Luis Baez, a Galveston criminal defense and DWI attorney. Today, let’s talk about the walk-and-turn test, which is part of the field sobriety testing used by officers since the 1970s. If you’ve been pulled over for DWI, officers typically conduct three tests: the horizontal gaze nystagmus (HGN) or eye test, the walk-and-turn test, and the one-leg stand test.


Among these, I believe the walk-and-turn test might be the most significant when determining the strength of a DWI case. From both a prosecution and defense standpoint, it plays a major role in how a case is analyzed. Having worked as a prosecutor in counties like Galveston and Montgomery, I’ve handled countless DWI cases, many of which involve this particular test. Interestingly, many new prosecutors handle these cases, even though they are often technically complex.


While blood and breath tests are also critical, today we’ll focus on the walk-and-turn test. This test has been used since the 1970s based on studies suggesting that if an individual shows a specific number of "clues," it can predict intoxication. However, this test is particularly prone to errors—both in how officers explain it and in whether individuals should even take it.


For example, if you’re over 65 or more than 50 pounds overweight, you shouldn’t be asked to take this test. Additionally, if you're wearing shoes with heels over two inches, you should have the option to remove them or wear different shoes.


Clues the Officer Looks For

Officers are trained to observe eight specific clues during the walk-and-turn test. However, these clues aren’t explained to the person being tested beforehand. The first clue is whether you can maintain your balance while listening to instructions. The officer will often have you imagine a line or use a real line, placing your left foot on it and your right foot in front, heel to toe. You must stay in this position as the officer provides instructions, no matter how long it takes. If you adjust or relax, that’s one clue against you.

Starting the test too soon is another clue. If you begin walking before the officer finishes instructing you, that counts against you. In fact, accumulating two or more clues is often enough for the officer to arrest you. Although these tests are technically not pass/fail, in practice, two or more clues can lead to an arrest—which often feels like a failure to most people.


Common errors include not maintaining balance, stepping off the line, or not keeping your arms at your sides (the officer is looking for any arm movement more than six inches away from your body). Another is an improper turn: you’re supposed to take small, choppy steps to turn, not an about-face. Even taking the incorrect number of steps, which happens more often than you might think, can be counted against you.


The Importance of Video Evidence

From a defense perspective, it’s not just about how many clues you accumulate—it’s about how you look while performing the test on video. A jury will likely form its opinion based on your appearance during the test. I’ve had clients who had no alcohol or drugs in their system but looked terrible on this test due to nerves or physical limitations. On the other hand, I’ve seen individuals with a high blood alcohol content perform the test surprisingly well.


The walk-and-turn test can be central to a DWI defense because your performance—and more importantly, how you appear—can heavily influence the outcome of the case. Ask anyone on the street what they associate with field sobriety tests, and many will say, “walking a straight line.” This test is an essential part of that perception.


That’s a quick overview of the walk-and-turn test and its importance in DWI cases. If you have any questions or suggestions for future topics, feel free to reach out. See you next time!


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