In this field sobriety test, the driver is instructed to count from one to 10, then back down to one after the officer completes the instructions.  The driver may be instructed to begin at 100 or 1000 and required to count down until told to stop.

Like other field sobriety tests, counting numbers backward is a divided attention test, meaning it’s designed to distract the driver between two tasks.  Driving is an activity where attention is often divided.  During the test, the officer watches the driver for signs of driving while intoxicated, including an inability to follow instructions, an inability to count, swaying or other balance problems, or starting or stopping the test too early.

However, there are many reasons why a driver may perform poorly on this test, including nervousness or fatigue.  Sometimes the officer doesn’t administer the test correctly or do a good job of explaining the instructions.  Also, the numbers backward test is extremely subjective, meaning the results can be interpreted in more than one way.  An experienced DUI lawyer can successfully challenge the results of a field sobriety test.

The test is not recognized as a standardized test by the National Highway Safety Transportation Administration (NHSTA) because of its inherent unreliability; and therefore, this test carries less weight in a court case than standardized field sobriety tests.

Being forced from a car on a busy freeway or street is stressful and nerve-wracking, and anyone can make a mistake.  These roadside exercises shouldn’t even be called tests – they are designed for failure, and the odds are stacked against the driver.  The test serves only to create probable cause to arrest the motorist for drinking and driving, and to constitute evidence for use in a criminal court case.
Counting backward and other field sobriety tests can be successfully challenged in court and the best way to fight a California DUI case is to consult with a drunk driving attorney who specializes in defending charges of drinking and driving.