Field Sobriety Tests: Non-Standardized FST

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 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.

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Common Non-Standardized Tests

1. 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.
2. 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.
3. 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.
4. ABC or Numbers Backwards Test: Drivers recite the alphabet or count backward. Many external factors, including anxiety, can cause mistakes.

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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.

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If you are facing DUI charges based on these tests, it's important to remember they are not foolproof. A knowledgeable defense lawyer can use inconsistencies to create reasonable doubt and fight for your rights in court.