Houston DWI Attorney - The Walk and Turn Test in 2024

Houston DWI Attorney - The Walk and Turn Test in 2024

Houston DWI Attorney - The Walk and Turn Test

Hi, I’m Brian Foley, a Houston criminal defense and DWI attorney. Today, we’re going to talk about the walk-and-turn test, a part of the field sobriety testing that officers have been using since the 1970s. If you’ve been pulled over for DWI, there are typically three tests conducted: 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 important when it comes to determining the strength of a DWI case. From both the prosecution and defense perspectives, it plays a significant role in how a case is analyzed. Having worked as a prosecutor in Harris County and Montgomery County, I’ve seen countless DWI cases. In fact, new prosecutors often handle these cases, despite their technical complexity.

While the blood and breath testing components are also crucial, today we’ll focus on the walk-and-turn test. This test has been used since the 1970s, following studies that indicated if an individual shows a certain number of "clues," it can predict intoxication. However, I find this test to be especially prone to errors, both in how it’s explained by officers and in whether individuals are even eligible to take it.

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

Clues the Officer Looks For

There are eight specific clues officers are trained to observe during the walk-and-turn test. These clues aren’t explained to the person taking the test beforehand. The first clue is whether you can maintain 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 gives 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 decide to arrest you. Though there’s technically no pass or fail in these tests, in practice, two or more clues often lead to an arrest—which feels like a failure in most people's eyes.

Some common errors include not maintaining balance, stepping off the line, or not keeping your arms at your sides (the officer is looking for any movement of your arms 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 surprisingly often, 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 performing the test on video. A jury will likely base its judgment on how you appear. I’ve had clients with zero alcohol or drugs in their system look terrible on this test due to nerves or physical limitations. On the other hand, I’ve seen individuals with high blood alcohol content perform the test well.

The walk-and-turn test can be central to a DWI defense because how someone performs, and more importantly, how they look while performing, can heavily influence the outcome of a case. When you ask someone on the street what they associate with field sobriety tests, they often say, “walking a straight line.” This test is a critical part of that.

That’s a brief overview of the walk-and-turn test. I hope this helps explain its importance in DWI cases. If you have any questions or suggestions for future topics, feel free to leave a comment. See you next time!