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Finger-to-Nose Test
The finger-to-nose test is not a standardized field sobriety test recognized by the National Highway Transportation Safety Administration (NHTSA). Because the NHTSA does not endorse the finger-to-nose test as a reliable indicator of mental and physical impairment, it holds less weight in court than a standardized test.
In the finger-to-nose test, the officer instructs the driver to tip his or her head back with eyes closed and touch the index finger to the nose. The officer will instruct the driver to continue touching the left or right index finger to the nose at random. The officer is looking for the following clues that the driver is intoxicated: the inability to follow instructions, swaying, muscle tightening or tremors, a lack of depth perception, or an inability to touch finger directly to tip of the nose. The officer also will make a note of any statements made by the driver during the test.
Field sobriety tests are inherently unfair in that the tasks the officer asks the driver to perform are difficult to perform even in the most ideal circumstances. Typically, an officer conducts field sobriety tests to establish probable cause to make an arrest, and to gather evidence to support a drunk driving court case. A driver who took a field sobriety test and is facing a Driving Under the Influence (DUI) charge should consult with a California attorney who specializes in Orange County DUI cases.
Like other field sobriety tests, this test usually takes place by the side of a busy street or freeway, with cars driving past at high speeds. The driver is usually, and understandably, extremely nervous after being ordered from his or her car. And the officer’s interpretation of the driver’s performance during this “test” is extremely subjective. Sometimes police don’t even conduct the test properly.
A skilled attorney will challenge the officer’s recollection of a driver’s performance in a field sobriety test and show that the results could just as easily indicate that the driver wasn’t impaired. The best way to challenge the results of the finger-to-nose test in a California Driving Under the Influence case is to consult with a criminal defense lawyer experienced in fighting drunk driving cases.
In the finger-to-nose test, the officer instructs the driver to tip his or her head back with eyes closed and touch the index finger to the nose. The officer will instruct the driver to continue touching the left or right index finger to the nose at random. The officer is looking for the following clues that the driver is intoxicated: the inability to follow instructions, swaying, muscle tightening or tremors, a lack of depth perception, or an inability to touch finger directly to tip of the nose. The officer also will make a note of any statements made by the driver during the test.
Field sobriety tests are inherently unfair in that the tasks the officer asks the driver to perform are difficult to perform even in the most ideal circumstances. Typically, an officer conducts field sobriety tests to establish probable cause to make an arrest, and to gather evidence to support a drunk driving court case. A driver who took a field sobriety test and is facing a Driving Under the Influence (DUI) charge should consult with a California attorney who specializes in Orange County DUI cases.
Like other field sobriety tests, this test usually takes place by the side of a busy street or freeway, with cars driving past at high speeds. The driver is usually, and understandably, extremely nervous after being ordered from his or her car. And the officer’s interpretation of the driver’s performance during this “test” is extremely subjective. Sometimes police don’t even conduct the test properly.
A skilled attorney will challenge the officer’s recollection of a driver’s performance in a field sobriety test and show that the results could just as easily indicate that the driver wasn’t impaired. The best way to challenge the results of the finger-to-nose test in a California Driving Under the Influence case is to consult with a criminal defense lawyer experienced in fighting drunk driving cases.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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