Hand Pat Test in DUI Investigations

The Hand Pat Test is a non-standardized field sobriety test (FST) used by some law enforcement officers during a DUI investigation. It involves the subject placing one hand on top of the other, palms facing down, and then alternately patting the top hand with the bottom hand, while counting out loud. The test is used to assess a person’s coordination, balance, and ability to follow instructions.

While the Hand Pat Test may seem simple, it is not a standardized test, and it has not been scientifically validated. Because of this, it is open to challenge in court as a means of assessing a person’s sobriety.

The Potential Problems with the Hand Pat Test There are several issues with using the Hand Pat Test as part of a DUI investigation. One issue is that the test is not standardized, meaning there are no set procedures that officers must follow. The test is also subjective, as officers are making judgments about a person’s coordination and ability to follow instructions.

Another issue with the Hand Pat Test is that it is not specific to alcohol impairment. A person who is tired, has a medical condition, or is simply nervous can perform poorly on the test, leading to a false positive result for alcohol impairment.

In addition, there are no established cutoff scores for the Hand Pat Test, meaning that officers are left to use their own discretion when deciding whether a person has passed or failed the test.

Challenging the Hand Pat Test in Court If you have been arrested for DUI after failing the Hand Pat Test, it may be possible to challenge the validity of the test in court. An experienced DUI defense attorney can raise several issues with the Hand Pat Test, including:

Lack of standardization: Because there are no established procedures for administering the Hand Pat Test, it is subject to the individual biases and preferences of the officer administering the test. This lack of standardization can make it difficult to determine whether a person has truly failed the test.

Subjectivity: The Hand Pat Test is inherently subjective, as officers are making judgments about a person’s coordination and ability to follow instructions. This subjectivity can make it difficult to determine whether a person has truly failed the test.

Lack of specificity: The Hand Pat Test is not specific to alcohol impairment, meaning that a person who is tired, has a medical condition, or is simply nervous can perform poorly on the test, leading to a false positive result for alcohol impairment.

In conclusion, the Hand Pat Test is a non-standardized field sobriety test that is used by some law enforcement officers during DUI investigations. However, due to its lack of standardization, subjectivity, and lack of specificity to alcohol impairment, it can be challenged in court as a means of assessing a person’s sobriety. If you have been arrested for DUI after failing the Hand Pat Test, it is important to consult with an experienced DUI defense attorney to explore your legal options.