DUI Lawyer | Joel Brand, Esq.

Field Sobriety Test: Alphabet Recitation

Field Sobriety Tests (FSTs) are a set of standardized exercises administered by law enforcement officers to determine whether a driver is impaired. One of the lesser-known but occasionally used tests is the alphabet recitation test. This article delves into the intricacies of the alphabet recitation test, its validity, how it is administered, and the legal considerations surrounding it.

What is the Alphabet Recitation Test?

The alphabet recitation test is a non-standardized field sobriety test where the officer asks the driver to recite a portion of the alphabet. Unlike the more commonly known standardized tests—Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS)—the alphabet recitation test is not part of the National Highway Traffic Safety Administration’s (NHTSA) standardized battery of tests.

Administration of the Alphabet Recitation Test

During the test, an officer typically instructs the suspect to recite a segment of the alphabet, such as from C to T or from E to P, rather than the entire alphabet. This makes the task more challenging and is intended to detect signs of cognitive impairment, such as slurred speech, skipping letters, or incorrect sequencing.

Validity and Reliability

The alphabet recitation test is controversial in terms of its scientific validity and reliability. Unlike standardized tests, it lacks a uniform administration protocol and has not undergone extensive research to establish its accuracy in detecting impairment.

  1. Lack of Standardization: The test is administered differently by various officers, which can lead to inconsistent results.
  2. Cultural and Educational Bias: Individuals with lower education levels, learning disabilities, or non-native English speakers may perform poorly on this test, regardless of impairment.
  3. Nervousness and Anxiety: Being stopped by the police can cause anxiety, which may affect performance, leading to false positives.

Legal Considerations

Use in Court

The admissibility and weight of the alphabet recitation test in court can vary. Defense attorneys often challenge the results of this test on the grounds of its lack of standardization and scientific backing.

  1. Challenging the Test: Lawyers can argue that the test is not a reliable indicator of impairment due to its subjective nature and the potential for non-alcohol-related performance issues.
  2. Cross-Examination of the Officer: During cross-examination, the defense can question the officer’s training and experience in administering the test, as well as the specific instructions given to the defendant.

Impact on DUI Cases

While the alphabet recitation test alone is unlikely to determine the outcome of a DUI case, it can contribute to the overall assessment of impairment. Courts typically consider it alongside other evidence, such as breathalyzer results, officer observations, and standardized FSTs.

How to Prepare for the Alphabet Recitation Test

Understanding your rights and how to handle FSTs can be crucial if you are stopped for suspected DUI.

  1. Know Your Rights: In California, drivers are not legally required to perform field sobriety tests, including the alphabet recitation test. Politely declining to take the test may be in your best interest.
  2. Stay Calm and Composed: If you choose to perform the test, try to stay as calm as possible. Nervousness can negatively impact your performance.
  3. Legal Representation: If arrested, contact a DUI attorney immediately. An experienced lawyer can challenge the validity of the FSTs and the arresting officer’s observations.

Case Law and Precedents

Several cases in California highlight the contentious nature of the alphabet recitation test:

  1. People v. Williams (2007): The court acknowledged that non-standardized tests like the alphabet recitation could be less reliable and stressed the importance of considering them alongside standardized tests.
  2. People v. Carlson (2010): This case emphasized that field sobriety tests should be administered according to established protocols to ensure their reliability and validity.

Conclusion

The alphabet recitation test, while used by some law enforcement officers during DUI stops, remains a controversial and non-standardized method of assessing impairment. Its lack of scientific backing and susceptibility to various external factors make it a less reliable indicator of intoxication compared to standardized tests. If faced with a DUI arrest involving the alphabet recitation test, it is crucial to seek experienced legal representation to challenge the test’s validity and ensure a fair trial.

Citations

  1. National Highway Traffic Safety Administration (NHTSA), “DWI Detection and Standardized Field Sobriety Testing,” https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812394-sfst_refresher.pdf
  2. California Vehicle Code § 23152.
  3. People v. Williams, 40 Cal.4th 287 (2007).
  4. People v. Carlson, 120 Cal.App.4th 132 (2010).

Understanding the complexities of field sobriety tests and their legal implications is essential for anyone facing a DUI charge. By staying informed and seeking competent legal counsel, defendants can better navigate the challenges of a DUI case and protect their rights.