Non-Standardized Field Sobriety Tests

In addition to the standardized field sobriety tests (SFSTs) discussed in previous articles, there are also non-standardized field sobriety tests (NSFSTs) that law enforcement officers may use during a traffic stop to determine whether a driver is under the influence of alcohol or drugs. NSFSTs are not scientifically validated or recognized by the National Highway Traffic Safety Administration (NHTSA), but they are still commonly used by law enforcement agencies across the United States.

Types of Non-Standardized Field Sobriety Tests

There are many types of NSFSTs, but some of the most common include:

Finger-to-Nose Test The officer will ask the driver to tilt their head back and touch the tip of their nose with their index finger, alternating between left and right hands. The officer will be looking for signs of impairment, such as poor balance or coordination, difficulty following instructions, or an inability to touch the nose.
Romberg Balance Test The Romberg Balance Test involves the driver standing with their feet together, head tilted back, and eyes closed while estimating the passage of 30 seconds. The officer will be looking for signs of swaying, loss of balance, or an inability to accurately estimate the passage of time.
Finger Count Test The officer will ask the driver to touch each of their fingers to their thumb, counting each finger as they go. The officer will be looking for signs of impairment, such as difficulty following instructions or counting accurately.
Hand Pat Test The Hand Pat Test involves the driver holding one hand out and patting the top of it with the other hand, alternating between left and right hands. The officer will be looking for signs of impairment, such as poor coordination or an inability to follow instructions.
Alphabet Test The Alphabet Test involves the driver reciting the alphabet, either forwards or backwards. The officer will be looking for signs of impairment, such as slurring or mispronouncing letters, or an inability to recite the alphabet correctly.

The Use of Non-Standardized Field Sobriety Tests in Court

NSFSTs are not recognized by the NHTSA as scientifically validated tests for detecting impaired drivers. As such, they are not admissible as scientific evidence in court. However, law enforcement officers may still use them during a traffic stop to establish probable cause for an arrest.

While NSFSTs are not scientifically validated, they can still be challenged in court. If a driver is charged with driving under the influence (DUI) based on the results of an NSFST, their defense attorney may argue that the test was not conducted properly or that the results were unreliable.

For example, the Finger-to-Nose Test requires the driver to perform a physical act that may be difficult for some individuals, even when they are not impaired. The Romberg Balance Test requires the driver to perform a test with their eyes closed, which can be disorienting for some individuals. The Alphabet Test may be difficult for individuals who are not native English speakers or who have speech impediments.

Furthermore, there is no standardization for conducting NSFSTs, which means that different officers may conduct the tests differently or interpret the results differently. This lack of standardization makes it difficult to establish the reliability of NSFSTs in court.

Conclusion

While the standardized field sobriety tests (SFSTs) are recognized as scientifically validated tests for detecting impaired drivers, non-standardized field sobriety tests (NSFSTs) are not. However, law enforcement officers may still use NSFSTs during a traffic stop to establish probable cause for an arrest.

If you have been charged with DUI based on the results of an NSFST, it is important to consult with an experienced DUI defense attorney