Field Sobriety Tests: Non-Standardized FST

Home

DUI

Non-Standardized Field Sobriety Tests: What You Need to Know

In California, suspected DUI drivers are often subjected to Non-Standardized Field Sobriety Tests (FSTs) during the DUI investigation. Unlike standardized DUI Field Sobriety Tests, these tests are not recognized by the National Highway Traffic Safety Administration (NHTSA) as reliable indicators of intoxication, making them easier to challenge in court. These tests include the Rhomberg Balance Test, Finger-to-Nose Test, Hand Pat Test, and others. While police claim these tests assess both physical and mental impairment, they are often unreliable and can be influenced by factors unrelated to alcohol - primarily how the driver is instructed to perform them and how they are evaluated.

‍

Common Non-Standardized Tests

Rhomberg Balance Test: Drivers must stand with their feet together, head tilted back, eyes closed, and estimate 30 seconds. This test is highly subjective, and poor performance could be due to injury, nervousness, or other factors rather than intoxication.
Finger-to-Nose Test: Drivers are instructed to touch their nose with alternating index fingers while their eyes are closed. Poor depth perception, injury, or motor-skill issues may cause failure, not necessarily alcohol impairment. Some officers are very focused on where the tip of the finger touched the nose.
Hand Pat Test: Drivers are instructed to hold one hand out, and pat the back of the other hand into the palm of the first hand, then to lift the hand, flip it over and tap the the palm of the hand against the palm of the outstretched hand, while counting out loud, “one, two, one, two… and to continue going until instructed to stop. Drivers' performance is criticized if they ever touch the side of their hand to the palm or miscounting Coordination issues unrelated to alcohol can lead to failure.
ABC or Numbers Backwards Test: Drivers recite the alphabet or count backward. Many external factors, including anxiety, can cause mistakes.

‍

Defending Non-Standardized Tests in Court

Non-standardized tests are not validated by the NHTSA, making them less credible in court. They lack objective scoring systems and rely solely on the officer’s opinion, which can be flawed. Factors such as illness, injury, or even nervousness can affect performance. A skilled DUI defense attorney can effectively challenge the results of these tests, questioning both their validity and how they were administered.

‍

If you are facing DUI charges based on these non-standardized tests, or a standardized DUI FST, it's important to remember they are not foolproof. A knowledgeable defense DUI lawyer can use inconsistencies to create reasonable doubt and fight for your rights in court and challenge DUI chemical tests and Non-Standardized field sobriety tests.

‍

Feature	Non-Standardized Field Sobriety Tests	Standardized Field Sobriety Tests
Official Validation	Not validated by any federal agency	Validated by NHTSA through scientific studies
Testing Authority	Created and chosen by individual officers	Established by the National Highway Traffic Safety Administration
Scoring Criteria	Subjective officer interpretation	Specific, defined “clues” of impairment
Consistency of Administration	Varies widely between officers	Must follow strict, uniform instructions
Common Examples	Finger-to-nose, Rhomberg balance, alphabet test	Walk-and-turn, one-leg stand, HGN
Reliability in Court	Frequently challenged due to lack of standards	Still challengeable, but given more weight
Susceptibility to External Factors	Very high (anxiety, injury, fatigue, environment)	High, but documented limitations acknowledged
Scientific Error Rate	Unknown and unmeasured	Known margins of error documented by NHTSA
Legal Defense Strategy	Attack subjectivity and lack of validation	Attack administration, conditions, and interpretation

‍

Frequently Asked Questions

What are non-standardized field sobriety tests?

Non-standardized field sobriety tests are roadside tests used by police during DUI investigations that are not validated or approved by the National Highway Traffic Safety Administration (NHTSA). Unlike standardized tests, these exercises do not have uniform instructions, scoring methods, or scientific backing. Common examples include the Rhomberg balance test, finger-to-nose test, and alphabet or numbers-backwards test.

Are non-standardized sobriety tests reliable?

No. Non-standardized field sobriety tests are considered unreliable and highly subjective because they depend entirely on the officer’s personal interpretation. Performance can be affected by anxiety, fatigue, injury, medical conditions, age, or confusion about instructions-factors that have nothing to do with alcohol or drug impairment.

Can non-standardized tests be challenged in court?

Yes. Because these tests lack scientific validation and objective scoring standards, they are frequently challenged in DUI cases. A defense attorney may question how the test was explained, whether it was administered consistently, and whether external factors influenced performance, creating reasonable doubt about impairment.

Do drivers have to take non-standardized tests in California?

No. In California, field sobriety tests-including non-standardized tests-are voluntary. Drivers are not legally required to perform them, and declining these tests cannot be used as evidence of guilt. However, officers may still rely on observations or other evidence to continue a DUI investigation.