Law Offices of Thomas Wallin
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Hand Pat Test
The hand pat test is one of several field sobriety tests used by police when investigating a driver for DUI. During the hand pat test, the driver will be directed to extend one hand with the palm up and place the other hand on top, facing palm down. The driver is then instructed to pat the bottom hand with the top hand, while alternating the top hand’s palm position (facing up/facing down between pats). The driver is told to count out loud with each pat.
The officer is looking for signs that the driver is impaired, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat hand as instructed, and stopping the test before instructed.
Police and the prosecution will use the failing results as proof of impairment. However, a lawyer skilled in defending drunk driving cases can successfully argue that the results of the hand pat test can be attributed to injury, illness, or a nervous-system disorder, and don’t necessarily prove alcohol intoxication. The attorney can challenge the way an officer explained the test procedure, or even argue that it wasn’t administered properly.
The hand pat test is so subjective, meaning that the results can be interpreted in more than one way, that it isn’t even recognized as a standardized field sobriety test by the National Highway Safety Transportation Administration (NHSTA.) The NHSTA has not found these tests to be accurate indicators of whether someone is impaired or under the influence for the purposes of a drunk driving charge.
If you’ve been arrested for DUI, subjected to a field sobriety test, and arrested for drinking and driving, immediately consult with an experienced DUI / DWI criminal defense attorney, who can plan a strategy to effectively fight drunk driving charges.
The officer is looking for signs that the driver is impaired, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat hand as instructed, and stopping the test before instructed.
Police and the prosecution will use the failing results as proof of impairment. However, a lawyer skilled in defending drunk driving cases can successfully argue that the results of the hand pat test can be attributed to injury, illness, or a nervous-system disorder, and don’t necessarily prove alcohol intoxication. The attorney can challenge the way an officer explained the test procedure, or even argue that it wasn’t administered properly.
The hand pat test is so subjective, meaning that the results can be interpreted in more than one way, that it isn’t even recognized as a standardized field sobriety test by the National Highway Safety Transportation Administration (NHSTA.) The NHSTA has not found these tests to be accurate indicators of whether someone is impaired or under the influence for the purposes of a drunk driving charge.
If you’ve been arrested for DUI, subjected to a field sobriety test, and arrested for drinking and driving, immediately consult with an experienced DUI / DWI criminal defense attorney, who can plan a strategy to effectively fight drunk driving charges.
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