Police who suspect a driver of DUI in California typically require the driver to take a field sobriety test such as counting numbers backward before making an arrest. Although many drivers hope that “passing” a field sobriety test will help them to avoid arrest, these “tests” exist solely to create probable cause for an arrest and generate evidence for a drunk driving court case. Fortunately, a skilled DUI defense attorney from The Kavinoky Law Firm can challenge the results of field sobriety tests as part of a strategic defense plan.
The Numbers Backward Test is so subjective an indicator of impairment from alcohol that it isn’t even standardized by the National Highway Traffic Safety Administration (NHTSA). Because the test isn’t endorsed by the NHTSA, it carries less evidentiary weight than Standardized field sobriety tests. The numbers backward exercise has no objective scoring system, and only the officer’s opinion determines whether the driver passes or fails.
When administering the Numbers Backward Test, the officer tells the driver to listen to the instructions before counting from one to ten, then back down to one. Sometimes the driver is instructed to begin at 100 or 1,000, and told to count backward until told to stop. As the test progresses, the officer will watch closely for signs that could be interpreted as alcohol impairment.
The Numbers Backward Test is a divided-attention test that’s designed to force the driver to concentrate on two tasks simultaneously. The officer will interpret the following as signs of intoxication: an inability to follow instructions, an inability to count, swaying or other balance problems, or starting or stopping the test too early.
However, many factors unrelated to alcohol intoxication could cause a driver to perform poorly on the test, including nervousness, fatigue, or motor-skills impairment. Some officers explain the instructions poorly or even administer the test incorrectly. An experienced DUI lawyer can successfully challenge the results of the numbers backward exercise or another field sobriety test.
Many drivers fear there’s no hope of successfully fighting a driving under the influence charge after a poor performance on a field sobriety test. However, counting backward and other field sobriety tests can be successfully challenged in court. A California drunk driving attorney who focuses on DUI / DWI defense can evaluate a driver’s performance on a field sobriety test and use the results to convince a jury that the driver was not impaired.
