Motorists suspected of DUI / DWI or driving under the influence of drugs (DUID) in Florida often must perform a field sobriety test, such as the finger-to-nose test, during a traffic stop. Unfortunately, these aren’t anything like the tests we took in school, because they’re designed to be failed.

Police want motorists to believe that by passing the test, they can avoid a drunk driving arrest. However, in reality, field sobriety tests exist only to establish probable cause for an arrest and generate evidence for a court case. The good news is that the results of field sobriety test can be successfully challenged.  A Florida criminal defense attorney who focuses on DUI / DWI cases will aggressively attack the results of the finger-to-nose test and other evidence in a driving under the influence case.

When conducting the finger-to-nose test, police direct drivers to tip their heads back with eyes closed and touch their left and right index fingers to the nose at random. An officer will be watching for the following clues that a driver is intoxicated:  An inability to follow instructions, muscle tightening or tremors, swaying, a lack of depth perception, or an inability to touch finger directly to tip of the nose. Any statements made by the driver also will be included in the officer’s report.

Unfortunately, the finger-to-nose test is such a subjective tool for evaluating alcohol impairment that it is not even standardized by the National Highway Traffic Safety Administration (NHTSA). It has no objective scoring system, and relies solely on the officer’s opinion to determine whether the driver ‘passed’ or ‘failed.’ Because the NHTSA does not recognize the finger-to-nose test as a reliable indicator of mental and physical impairment, it carries less weight in court than a standardized test.

In addition, the finger-to-nose test isn’t administered under the best of conditions – it usually takes place by the side of a busy street or freeway, with cars whizzing past – which makes it even more unreliable. The driver is usually very nervous after being pulled over. And some officers don’t even conduct the test properly.