After the officer conducts the HGN test, they are taught to conduct the Walk and Turn (WAT) test. Like the HGN test, NHTSA has spent a lot of money over the years testing it out in labs and lab-like settings. Also like the HGN test, NHTSA likes to tout statistics to make people believe the test is more accurate than it is.
The WAT is a divided attention test, the goal of which is to test a driver’s ability to balance while processing information. The officer is taught to first go over the instructions with the driver, and then have them perform the test. First, they tell the driver to stand still with their feet heel-to-toe and their arms by their sides as they listen to the instructions. This is not a normal way of standing, of course. The officer then gives the driver the rest of the instructions, and demonstrates it for the driver. This part not only tests the driver’s balance, but also his ability to process and remember the instructions. Here are the instructions, which vary slightly from officer to officer:
“You are to take nine heel‐to‐toe steps in a straight line. After the ninth step, you are to turn in the prescribed manner which I will show you in a moment, then take nine heel‐to‐toe steps back down the line. You are to count the steps out loud, and watch your feet the whole time. During the turn, you keep your front foot on the line, and using your other foot to take several small steps to complete the turn. Now I will show you what I am asking you to do.”
NHTSA teaches officers to observe the driver’s behavior during this “instruction stage” of the WAT. After the instruction stage, the walking stage begins. During the walking stage, the driver’s attention is divided between walking heel‐to‐toe and turning, counting the steps out loud, and remembering the number of steps and how to do the turn properly. It’s…a lot.
Officers are taught to look for the eight following clues on the WAT:
- Can’t keep balance while listening to the instructions
- Starts too soon
- Stops while walking
- Doesn’t touch heel-to-toe
- Steps off the line
- Uses arms for balance
- Makes an improper turn
- Incorrect number of steps
Sometimes the officer gives the results of the WAT in a more narrative format in their reports, but usually it looks like this:
As you can probably guess, a lot can affect a person’s balance aside from being intoxicated. Footwear, inner ear issues, the road surface itself, and oncoming vehicles are just a few of the variables that can come into play with this test. The instruction stage can also last a very long time, which can affect a person’s ability to stand still. Weather (wind, cold, rain, etc.) can also play a factor as well.
Next, let’s look at the One Leg Stand sobriety test.