The Hand-pat Test is a field sobriety test used by law enforcement investigating suspected DUI / DWI drivers in California. Unfortunately, police don’t use the test to help them decide whether to make a drunk driving arrest, because that decision is made before the test even begins. Field sobriety tests such as the Hand-pat Test are merely tools used to create probable cause for an arrest and generate evidence for a DUI court case. However, field sobriety tests can be successfully challenged by a skilled attorney. An experienced DUI / DWI defense attorney from The Kavinoky Law Firm will attack field sobriety test results as part of an aggressive defense strategy.
When taking the Hand-pat Test, the driver is instructed to extend one hand palm up and place the other hand on top, facing palm down. The driver is then told to pat the bottom hand with the top hand, while alternating the top hand’s palm position – facing up or facing down between pats – and count out loud with each pat.
As the test progresses, the officer is watching for signs that the driver is intoxicated, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat the hands as directed, and ending the test before being told to do so.
However, the Hand-pat Test shouldn’t be called a test at all, because the driver is set up to fail. The Hand-pat Test is so subjective that it is not even standardized by the National Highway Safety Traffic Administration (NHSTA). The NHSTA doesn’t regard the Hand-pat Test as an accurate indicator of alcohol impairment, because it has no objective scoring system and relies solely on the officer’s opinion of whether the driver passed or failed.
A lawyer skilled in defending drunk driving cases will argue that a driver could have “failed” the Hand-pat Test for reasons that had nothing to do with alcohol intoxication, such as injury, illness, or a nervous-system disorder. The attorney can challenge the officer’s test instructions, or even argue that it wasn’t administered properly.
Even nervousness can cause a motorist to perform poorly on the Hand-pat Test. The test isn’t given under the best of conditions – the driver usually takes the test next to a busy freeway or roadway, with cars speeding past and the police cruiser’s lights flashing red and blue. Anyone would get rattled under those kinds of conditions.
Contrary to popular opinion, “failing” the Hand-pat Test or another field sobriety test doesn’t equal a slam-dunk conviction. Field sobriety test results can be interpreted in a number of ways. A skilled California DUI / DWI criminal defense attorney can challenge the results of a field sobriety test and craft a strategy to defend drunk driving charges.
