July 18, 2018 | DUI Omaha, General

DUI SERIES ON FIELD SOBRIETY TESTS – COUNTING – Omaha, NE

Often when an individual is being investigated for a driving under the influence (DUI/DWI) and agrees to submit to the battery of field sobriety tests officers often elect to ask suspects to perform both standardized and non-standardized field sobriety tests, this includes the test of counting backwards or counting down. This is a non-standardized test that the National Highway Traffic Safety Administration has not issued any specific protocol on how the test should be administered, performed or interpreted.

The counting backwards test is just what it sounds like, an officer will provide specific instructions that you count backwards beginning at a number that is not ending in a 0 or 5. Examples including counting from 78 to 62.

During this test officers look for signs or clues of impairment including: beginning counting before instructed, beginning at the incorrect number, stopping at the incorrect number, counting incorrectly, slurring your words, and your behavior. An officer observing any of these behaviors could help substantiate a finding of probable cause to arrest you for driving under the influence.

With the Counting test being non-standardized its results can be interpreted very subjectively and influenced by an officer’s perception of you and whether they already believe are or desire to find you intoxicated. Also, your performance of the test may be affected to show false clues under many circumstances including: English not being your first language, accents, speech issues, non-alcohol related cognitive issues, anxiety or nervousness with being stopped, and fatigue.

If stopped and investigated for driving under the influence remember that when an officer asks you to submit to field sobriety testing he is not giving you a chance to get off, go home, or prove that you are sober; simply, they are giving you an opportunity to prove to them that you are intoxicated and should be arrested for driving under the influence.

Submitting to field sobriety tests is in direct contradiction with your right not to incriminate yourself and you want to think twice before you agree to submit to any test, especially non-standardized tests. When you submit to non-standardized field sobriety tests such as counting backwards you create the situation that will require fighting a DUI and hiring an expert to negate any improperly administered or judged field sobriety tests.

Of course, it is in your best interest not to drive while intoxicated, but if you make the decision to have a few drinks and drive be smart enough to protect your rights. Refusing to submit to field sobriety testing does not mean that an office won’t be able to arrest and charge you with driving under the influence, but it does put you in a better position to defend against those charges.