Attorney Says Heels May Hurt Sobriety Test
Tue Sep 21,11:45 AM ET

DURHAM, N.C. - Attorney Bill Thomas may get a lot more business from female motorists thanks to a novel defense strategy: High heels can help beat a DWI rap.

Thomas last week asked a judge how anyone could pass a field sobriety test — which requires a lot of walking — in a pair of 3 1/2-inch stiletto high heels.

The never-before-heard argument created a minor sensation among court officials and observers.

Thomas contended it would be "fundamentally unfair" to use the results of field sobriety tests against one of his female clients because she was wearing stiletto heels at the time, making her unsteady on her feet.

One of the tests required the woman to walk a straight line for some distance and then pivot quickly. In another, she was supposed to stand on one foot for 30 seconds.

Considering that she was wearing stiletto heels, the woman did remarkably well by making it to 16 seconds, Thomas argued.

Judge Wade Barber squelched the results of the field sobriety tests and tossed out the DWI case. Besides the high heels, Barber concluded that a police officer administered the tests incorrectly.

"These are not lawyer tricks," Thomas said Friday. "I know that DWI is a hot political issue. But the public has to understand one important thing: The constitutional protections that follow us in our daily lives also apply to DWI cases."