Investigation of DUI Cases: Walk and Turn (WAT) by Darren Kavinoky

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Investigation of DUI Cases: Walk and Turn (WAT)
by Darren Kavinoky

Investigation of DUI Cases:
Walk and Turn (WAT)

The Walk and Turn (WAT) is a walking test. If administered properly, the WAT is 68% accurate in determining blood alcohol content (BAC) above .10%. In order to be administered properly, the test must be conducted on a reasonably dry, hard, level, and non-slippery surface. There should be a designated straight line. However, courts have allowed the introduction of the results of this test into evidence where there has not been a designated line. In this case, defense counsel will attack the weight of the evidence. If the subject is wearing heels above 2 inches, they should be given the opportunity to remove their shoes.

Step One: Instructions and Initial Standing Position

In step one, the officer will direct the subject to put one foot in front of the other in a straight line, with the right foot directly in front of the left, with the heel of the right foot touching the toe of the left foot. The subject is directed to stand in this position until directed to begin the test. It is behavior inconsistent with this instruction that most often will result in a “clue” that is used to determine intoxication. For example, the subject will move out of position, or start test before instructed to do so.

Step Two: Instruction and Demonstration of Walk and Turn Test

The officer will demonstrate the test while giving verbal instructions on how to do test. The officer will tell the subject to take 9 heel-to-toe steps down a straight line. The officer will instruct the subject on how to correctly turn, after the initial 9 steps have been taken. A proper turn is taken with a series of small steps, which the officer demonstrates. The subject is then supposed to take another series of 9 heel-to-toe steps back to the starting position. The officer will instruct the subject to keep the arms at their side, watch their feet at all times, and count each step out loud. The subject is directed not to stop until the test is completed.

The officer must ask if the subject understands the test before the test is initiated.

Clues

If the officer observes two or more clues, then there is a 68% probability that the subject has a BAC above .10%. The clues that the officer is looking for are:

1. Cannot keep balance while listening to instructions.
2. Starts before the instructions are finished.
3. Stops while walking.
4. Does not touch heel-to-toe.
5. Steps off the line.
6. Uses arms to balance.
7. Improper turn.
8. Incorrect number of steps.

Caveat

Original research on the application of the WAT indicated that those individuals over 65 years of age and those persons with back, leg, or middle ear problems had difficulty performing the WAT. In this instance, defense counsel should argue that the weight of this test is in question and should be considered in determining whether the subject was actually intoxicated.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients