Is the Finger to Nose Test Really Accurate in DUI Cases?

This test has not been approved by the NHTSA

Is the Finger to Nose Test Really Accurate in DUI Cases?

If you are pulled over on suspicion of driving under the influence of alcohol and/or drugs (DUI), the police might ask you to perform a variety of tests known as field sobriety tests (FST), like walking in a straight line or even saying the alphabet backwards. It is important to know that you are never required to take these FST, which will rarely help your case but may give the police evidence to use against you. However, if you do take these tests, you may be curious about whether they actually prove that you are intoxicated.

According to a Santa Ana criminal attorney, some of these tests may be more reliable than others — but all can be affected by different things, such as a health condition that makes it hard for you to balance. The finger to nose test is an example of a test that is an inaccurate way of determining whether someone is drunk. In particular, this test is not approved by the National Highway Transportation Safety Administration (NHTSA). This means that officers who administer the test don’t have to adhere to any specific procedures or even look for particular clues.

Generally, when a law enforcement officer asks you to perform the finger to nose test, they tell you to bring the tip of your index finger to touch the tip of your nose while your eyes are closed and your head is slightly tilted back. You will be asked to perform this test 6 separate times, 3 times with each hand. The police officer will tell you which hand to use each time.

The goal of this test is to determine if you are under the influence of alcohol and/or drugs by gauging:

  • Your ability to follow instructions;
  • How much and how you sway
  • Any eyelid, body, and/or leg tremors
  • Your muscle tone
  • Any statements or sounds that you may make
  • Your depth perception
  • Whether you can actually complete the task appropriately

In theory, if you do something like stumble while trying to perform the test, or hit your cheek instead of your nose, you are under the influence. But in reality, there are many reasons why you may fail this test — and your Santa Ana criminal attorney can use those reasons as part of your defense.

Most importantly, the finger to nose test is not standardized, and there are no studies approved by the NHTSA that demonstrate that the test is reliable. One officer might have you perform the test slightly differently from the next officer — and their perception of how you performed might be quite different. For this reason, the finger to nose test is not considered reliable. Your Santa Ana criminal attorney can challenge an arrest based on the use of this type of test to justify your arrest.

If you have been charged with a DUI in Santa Ana or the surrounding areas, we can help. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

.
Call Us Today