Non-Standardized Field Sobriety Tests: The Hand Pat Test - California DUI Law and Legal Information

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Field sobriety tests, commonly referred to by California law enforcement officers and DUI defense lawyers as "FSTs", are exercises designed to show mental or physical impairment caused by alcohol intoxication. There are over a dozen such tests which have been used by California police officers, including members of the California Highway Patrol (CHP), or sheriff's deputies who suspect a motorist of Driving Under the Influence (DUI), or Driving While Intoxicated (DWI).

It is important to understand that these tests can be difficult to “pass” for a sober person. In fact, the accuracy of these tests has been repeatedly challenged in scientific studies. There are three tests that have been “validated” by the National Highway Traffic Safety Administration (NHTSA) as Standardized Field Sobriety Tests. Each of these three tests have precise instructions to be followed in the administration of the test, and the scoring to be used during the performance.

There are also a number of Non-Standardized Field Sobriety Tests to show mental or physical impairment. These tests include the Rhomberg Balance test, the Finger-to-Nose test, reciting the alphabet, or ABCs test, the Hand-Pat test, and the Finger-Tap test.

The hand pat test used by police officer investigating a motorist for driving under the influence. The test doesn't help an officer decide whether to arrest a driver for DUI - that decision is typically made before the test begins. Field sobriety tests exist solely to establish probable cause for an arrest and to gather evidence for a DUI criminal court. However, the results of the hand pat test and other field sobriety exercises can be challenged. A California criminal defense attorney with years of experience defending DUI cases can use the results of the tests to show that any physical impairment came from sources other than alcohol.

The hand pat test involves extending one hand with the palm up and placing the other hand on top, facing palm down. The officer instructs the driver to pat the bottom hand with the top hand, while alternating the top hand's palm position (facing up/facing down between pats). The driver is directed to count out loud with each pat. As the test progresses, the officer is looking for signs that the motorist is impaired, including starting the test too soon, an inability to follow instructions, an inability to count as directed, an inability to pat hand as instructed, and stopping the test before instructed.

The hand pat test is not even really a test in the true sense of the word, because it is designed for failure. Although police and prosecutors believe the test accurately assesses mental and physical impairment stemming from alcohol intoxication, that's simply not true.

To understand why the hand pat test and other field sobriety tests are inherently flawed, it is useful to first understand how alcohol affects the human body. Experts concur that when it comes to alcohol intoxication, mental impairment always comes before physical impairment. If no mental impairment is shown, any physical impairment must come from a source other than alcohol.

Many conditions other than intoxication can cause a driver to "fail" the hand pat test. A criminal defense lawyer skilled in defending drunk driving cases can successfully argue that the results of the hand pat test can be attributed to illness, injury, or a nervous-system disorder, and doesn't support the charge of Driving Under the Influence (DUI). The attorney can challenge the way an officer explained the test procedure, or even argue that it wasn't administered properly.

Remember that the hand pat test and other field sobriety test results can be interpreted in many ways. It is critical for a motorist accused of driving under the influence to consult with an experienced California DUI defense attorney, who can plan a strategy to effectively fight drunk driving charges.