The One Leg Stand is intended to measure the balance and coordination of the DUI suspect, as well as his or her ability to follow and remember instructions. The One Leg Stand exercise is a divided attention “test” consisting of two parts,


  1. Instructions stage, and,
  2. Balance and counting stage.


During the instruction stage the officer is supposed to tell the DUI suspect to stand with their feet together, keep their arms at their sides, and listen to the instructions.  (2013 NHTSA Participant Guide).  The officer’s NHTSA training also includes the officer demonstrating the maneuver for the DUI suspect before giving the actual “test”.


In the balance and counting stage the officer is trained to advise the DUI suspect to raise one foot, either foot, with the raised foot approximately six inches off the ground, with both legs straight and the raise foot parallel to the ground.  While looking at the elevated foot, count out loud in the following manner: “one thousand one”, “one thousand two”, “one thousand three” until told to stop.  This divides the subject’s attention between balancing (standing on one foot) and small muscle control (counting out loud).  (2013 NHTSA Participant Guide).

The one leg stand is to be administered and interpreted in a standardized manner.  Officers are trained to look for four (4) specific clues of intoxication during this “test”:

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  • Sways while balancing;
  • Uses arms to balance;
  • Hopping; and,
  • Puts foot down.


  • Failure to demonstrate the maneuver to the driver;
  • Failure to verify that the driver comprehends the instructions;
  • Failure to provide the instructions as designated by their NHTSA training;
  • Failure to use the NHTSA point assessment method for scoring.

The performance of the DUI suspect on these “tests” is not intended to be open to the officer’s opinion; instead officers are trained to determine the suspect’s performance based on the number of total of accumulated points.  For this “test” there are five “clues” of intoxication each of which can be assessed one point.  The suspect will receive one point each for the following:

  • Sways while balancing;
  • Uses arms to balance;
  • Hopping;
  • Puts foot down; or,
  • Cannot do the test at all.

The lawyers of Emerson Divorce and Accident Injury Attorneys, L.L.C. have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.

We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.

Our law office is centrally located and easily accessible from Interstate 465.




JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana.  Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.


Hiring a Criminal Defense Lawyer

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Criminal Penalties in Indiana

From Felonies to Misdemeanors we will explain the possible legal consequences associated with each criminal charge.

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How an Attorney Can Help

The State must prove it's case beyond a reasonable doubt.  Your attorney's job is to challenge the State's evidence.  Learn how an attorney can help with the use of Subpoena's and Depositions.


Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney


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Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000


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Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.