Rizio and Nelson California Law Blog

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication accurately.

The Finger Count is a typical non-standardized field sobriety test (FST). It is not supported by scientific data in the determination of blood alcohol count (BAC) above the legal limit. Non-standardized FST’s do not have a formal scoring method due to their inability to be supported by scientific methods.

Method

The Finger Count is a coordination test that requires the subject to hold either hand with the palm up. The subject is directed to touch the thumb of one hand to the little finger of the same hand, then to each subsequent finger until the little finger is reached again. The subject is instructed to count aloud as follows: “4, 3, 2, 1, 2, 3, 4.” The subject is required to repeat the procedure 3 complete times.

Clues

1. Subject begins too soon
2. Subject does not or cannot follow instructions
3. Subject does not count as instructed
4. Subject does not touch each finger as instructed
5. Subject stops or restarts test

Scoring

Because this test is non-standardized, there is no scientifically-based scoring system to determine how many clues it requires to be failed. Therefore, whether or not the subject passes or fails is subjective to the officer administering the test and not completely reliable.

If you or a loved one was arrested for DUI, please contact a skilled defense attorney at the law offices of Rizio and Nelson immediately.