Police investigating a driver for
DUI / DWI often direct the driver to submit to a field sobriety test before making an arrest. One test used by police is the ABC test. Many drivers believe that performing well on the ABC test will help them avoid a drunk driving charge, but that’s rarely the case. These tests typically are used only to create probable cause for an arrest and generate evidence for a court case. Because field sobriety tests are inherently unfair, it’s critical to consult with a Florida attorney who focuses on successfully defending DUI / DWI cases.
A driver taking the ABC test is instructed to say or write the alphabet while standing with feet together and arms down. The officer is watching the driver for so-called signs of alcohol or drug intoxication, including starting the test too soon, not following directions, slurred speech, or an inability to write or recite the alphabet correctly.
Police and prosecutors probably think that the ABC test is valid because everyone knows the alphabet, but in reality, anyone would be nervous or worried after being forced to perform along a busy street or highway – it’s extremely easy to make a mistake. The ABC test shouldn’t even be called a test, because the driver is doomed to fail regardless of how he or she performs.
The ABC test, like other field sobriety exercises, is a divided attention test. It is designed to force a driver to concentrate on two tasks at once. Requiring the driver to recite or write the alphabet while standing with feet together and arms down is meant to assess mental and physical impairment from alcohol intoxication. However, when an individual drinks alcohol, mental impairment always takes place before physical impairment. Therefore, if the driver displays physical difficulties but no mental impairment, any physical problems must stem from a source other than alcohol.
The ABC test is such an unreliable gauge of mental and physical impairment from alcohol intoxication that it isn’t even recognized as a standardized field sobriety test by the National Highway Traffic Safety Administration (NHSTA). It has no objective scoring system, and whether a driver “passes” or “fails” depends only on the officer’s opinion. Because the ABC test isn’t recognized by the NHSTA, it carries less weight in court than standardized field sobriety tests. An experienced DUI / DWI defense attorney will use the same results to demonstrate that the driver was not impaired.
Ultimately, the results of field sobriety tests can be effectively challenged in court. The best way to fight a charge of driving under the influence is with the help of a Florida lawyer who concentrates on successfully defending DUI / DWI cases. |