DUI Lawyer | Joel Brand, Esq.

Field Sobriety Test: Finger Dexterity Test

Field Sobriety Tests (FSTs) are a crucial tool used by law enforcement officers to determine whether a driver is under the influence of alcohol or drugs. One such test, the Finger Dexterity Test, is designed to assess a person’s motor skills and coordination, which can be impaired by alcohol consumption. Understanding the Finger Dexterity Test, its administration, and its implications can be vital for anyone facing a DUI charge.

What is the Finger Dexterity Test?

The Finger Dexterity Test, also known as the Finger-to-Nose Test, is one of several field sobriety tests that an officer might use during a DUI stop. This test evaluates the suspect’s ability to follow instructions, coordination, and fine motor skills, which are typically affected by alcohol or drug impairment.

Administration of the Finger Dexterity Test

  1. Initial Instructions: The officer will instruct the suspect to stand with their feet together and their arms at their sides. They will then explain and demonstrate the test, ensuring the suspect understands the instructions before beginning.
  2. Test Procedure:
    • The suspect will be asked to tilt their head back slightly and close their eyes.
    • The officer will instruct the suspect to extend one arm out to the side, parallel to the ground, and then bring the tip of their index finger to touch the tip of their nose.
    • This process will be repeated with the other hand, often alternating hands on each command.
  3. Evaluation Criteria: The officer will observe the suspect’s ability to follow the instructions accurately and will look for signs of impairment such as:
    • Swaying or losing balance.
    • Hesitation or lack of coordination.
    • Missing the tip of the nose or using the wrong finger.
    • Opening eyes during the test.

Legal and Scientific Basis

The Finger Dexterity Test is based on the principle that alcohol impairs motor skills and coordination. According to the National Highway Traffic Safety Administration (NHTSA), alcohol can significantly affect a person’s ability to perform tasks that require precise movements and coordination (NHTSA, 2018). The test, however, is not one of the standardized field sobriety tests validated by the NHTSA, which means its results are more subjective and can vary based on the officer’s interpretation.

Challenges and Defenses

  1. Non-Standardized Nature: Since the Finger Dexterity Test is not a standardized FST, its accuracy and reliability can be questioned. Unlike the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand tests, which have been extensively studied and validated, the Finger Dexterity Test lacks empirical support.
  2. Physical and Medical Conditions: Various physical and medical conditions can affect a person’s performance on the Finger Dexterity Test. For example, individuals with arthritis, neurological disorders, or injuries may struggle with the test regardless of their sobriety. These conditions can be documented and presented as a defense.
  3. Environmental Factors: External factors such as uneven ground, poor lighting, or inclement weather can impact the test’s outcome. An attorney can argue that these factors contributed to the suspect’s inability to perform the test correctly.
  4. Officer Bias and Subjectivity: The subjective nature of the test allows for potential bias in the officer’s observations. The officer’s training, experience, and preconceived notions can influence their assessment. Cross-examining the officer about their training and the specific conditions of the test can be a vital defense strategy.

Importance of Legal Representation

Given the subjective nature of the Finger Dexterity Test and its potential for inaccuracies, having an experienced DUI attorney is crucial. An attorney can challenge the validity of the test, question the officer’s observations, and present evidence of alternative explanations for the suspect’s performance. They can also argue for the exclusion of the test results if they were improperly administered or if the test conditions were not conducive to an accurate assessment.

Conclusion

The Finger Dexterity Test is a non-standardized field sobriety test used to assess a driver’s motor skills and coordination during a DUI stop. While it can provide some indication of impairment, its subjective nature and lack of empirical validation make it a less reliable indicator than standardized tests. Understanding the test’s administration, potential defenses, and the importance of legal representation can significantly impact the outcome of a DUI case. If you are facing a DUI charge, consulting with an experienced DUI attorney is essential to ensure your rights are protected and to build a robust defense.

Citations

  1. National Highway Traffic Safety Administration (NHTSA). (2018). “The ABCs of BAC: A Guide to Understanding Blood Alcohol Concentration and Alcohol Impairment.” Retrieved from NHTSA.
  2. California Vehicle Code § 23152. Retrieved from California Legislative Information.
  3. People v. Torres, 188 Cal.App.3d Supp. 1 (Cal. App. Dep’t Super. Ct. 1986).
  4. State of California v. Donaldson, 36 Cal.App.4th 532 (Cal. Ct. App. 1995).