Police investigating a DUI / DWI in California often have the driver take the Finger-to-Nose Test or another field sobriety test before making an arrest. Unfortunately, field sobriety tests shouldn’t be called tests at all, because they’re designed to be failed. They’re used only to establish probable cause to make an arrest and generate ammunition for a drunk driving court prosecution. The good news is that the results of field sobriety tests can be successfully challenged by a skilled attorney. An experienced DUI / DWI defense lawyer from The Kavinoky Law Firm can aggressively challenge the Finger-to-Nose Test and other drunk driving evidence to create reasonable doubt of the driver’s guilt.
The Finger-to-Nose Test is so unreliable an indicator of alcohol impairment that it’s not even standardized by the National Highway Traffic Safety Administration (NHTSA). Because the NHTSA does not endorse the Finger-to-Nose Test as a valid gauge of alcohol impairment, it holds less weight in court than a standardized test.
Police officers conduct the Finger-to-Nose Test by instructing the driver to touch his or her index finger to the nose with eyes closed and head tilted back. The driver is told to continue to touch the left or right index finger to the nose at random. While administering the test, the officer is watching for the following signs that the driver is intoxicated: An inability to follow instructions; poor depth perception; swaying, muscle tightening or tremors; or an inability to touch the finger directly to the tip of the nose. The officer also will make a note of any statements made by the driver during the test.
Clearly, drivers don’t take the Finger-to-Nose Test under the best of circumstances; it is usually given by the side of a busy freeway or street as cars whiz past. The driver is typically nervous after being ordered from his or her car. And the Finger-to-Nose Test has no objective scoring system – the outcome of this “test” is based entirely on the officer’s opinion. Some officers don’t even conduct the test properly.
There are many conditions unrelated to alcohol use that could cause a driver to perform poorly on the Finger-to-Nose Test. Injury, illness, motor-skill difficulties, or just plain nervousness could cause a driver to “fail” the test. However, police rarely take these issues into consideration when conducting the Finger-to-Nose exercise or other field sobriety tests.
In fact, police often fail to tell drivers that the Finger-to-Nose Test and other field sobriety tests are completely optional. Unlike chemical tests given after a motorist is arrested for drunk driving, field sobriety tests are totally voluntary. If given an option, obviously drivers arrested for DUI / DWI would decline to create evidence to be used against them in court, but police are usually less than forthright about the test being voluntary.
An attorney with experience defending driving under the influence cases will challenge the officer’s interpretation of the Finger-to-Nose Test and demonstrate that the results indicate the driver wasn’t impaired. A California defense lawyer skilled in fighting drunk driving cases can mount an aggressive defense and contest the results of any field sobriety test.
