July 10, 2018 | DUI Omaha

Driving Under the Influence & Understanding Field Sobriety Tests: The Finger to Nose Test

Omaha, NE – The Finger-To-Nose Test is a non-standardized field sobriety test that has been used for nearly 70 years. The Finger-to-Nose test was initially developed to test neurological function and motor coordination for medical purposes. This test has not been endorsed by the National Highway Traffic Safety Administration (NHTSA), regardless law enforcement officers still administer the Finger-to-Nose tests to assist in developing the appropriate level of probable cause and bolstering their probable cause finding necessary to obtain an arrest for driving under the influence.

The Finger-to-Nose test is performed by standing erect with eyes closed, tilting your head back slightly, similar to the Romberg Test, and touching your nose with your index finger. Typically, the officer will instruct you to attempt to touch your nose six times, three with each hand. Due to the non-standardized nature of this test the order may vary from officer to officer.

When performing the Finger-to-Nose test officers looks for several clues or indicators of intoxication including: your posture when listing to instructions, failing to follow instructions, swaying, eyelid movement, body tremors, speaking or making any sound during the test, and of course failing to touch your finger to your nose.

Being non-standardized and lacking official guidelines or scientific findings the Finger-to-Nose test is extremely subjective and not just based on whether you successfully touched your nose or not. As such an officer’s opinion and perception of you could skew their interpretation of the results. A recurring problem with the finger-to-nose test is that the officer instructs the suspect to touch his nose with his finger-and then fails him because he did not touch the tip of his finger to the tip of his nose even though the officer failed to communicate this to the suspect. Drunk Driving Defense 6^th Edition, Taylor and Oberman.

A June 1977 report prepared for the NHTSA Psychophysical Tests For DWI Arrest utilizing a double blind study found the Finger-to-Nose test to only have a .421 correlation to blood alcohol content. The same report determined that false arrest decisions indicated at least four sources of errors in decisions including: 1. Borderline BAC levels, 2. Failure by the officer to heed the lack of test evidence for intoxication, 3. Impairment which is not alcohol related, and 4. Unusual individuals whose manner and appearance suggest intoxication.

These, among other, test results demonstrate that an officer’s perception of you will impact what they perceive your performance of non-standardized field sobriety tests to be. Remember you are being judged even when not tested and the main purpose of the field sobriety testing is to develop probable to make an arrest.

An attorney can assist in analyzing your DUI or DWI arrest and advocating to protect your rights. We can make sure to give your case the time and attention it deserves, obtain all reports and video recordings, and analyze your DUI stop. Even with the video evidence an officer’s in person observations still carry a lot of weight in court when fighting probable cause, so remember when you are asked to perform field sobriety tests that it will not help you. Always be respectful but protect your rights, including your right to remain silent and not incriminate yourself.

Omaha NE DUI Attorneys – HY Attorneys at Law – Call us at 402-933-3345

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