Non-standardized sobriety tests are field sobriety tests that law enforcement officers may use to assess impairment but that have not been validated by the National Highway Traffic Safety Administration (NHTSA). These tests lack standard scoring systems, which leads to doubts about their dependability during DUI investigations.

The purpose of this article is to define non-standardized sobriety tests while exploring their legal impact on DUI investigations.

Key Takeaways

• Non-standardized sobriety tests are unvalidated field tests which law enforcement can apply to judge driver impairment.
• The NHTSA has refused official recognition of these tests because the results show inconsistent patterns and subjective interpretation.
• During non-standardized sobriety tests, officers may instruct drivers to perform tasks like alphabet recitation, backward counting, and touching their nose with a finger.
• The absence of standardized scoring for these tests leads to frequent legal challenges of their results.

What Are Non-Standardized Sobriety Tests?

During DUI stops police officers sometimes use non-standardized sobriety exercises to test drivers' physical coordination as well as cognitive abilities for signs of impairment. Unlike the three NHTSA-approved Standardized Field Sobriety Tests (SFSTs), these tests do not have consistent procedures, scoring methods, or scientific backing.

Law enforcement officials may perform these tests during DUI investigations, but they face reliability issues leading to frequent disputes about their validity in court settings.

Although these tests vary by jurisdiction and officer discretion, some of the most common non-standardized sobriety tests include:

• Finger-to-Nose Test: The driver closes their eyes before lifting their head back to touch their nose with their fingertip. Practitioners evaluate a person's coordination and balance.
• Counting or Alphabet Recitation: The test administrator requires the driver to either count forward or backward starting from a designated number or to recite selected letters from the alphabet without any singing. This specific test measures an individual's ability to remember information while concentrating and think effectively.
• Rhomberg Balance Test: The driver stands with feet together while tilting their head backward for an estimated thirty seconds. Officers perform evaluations of balance and muscle control while testing time estimation skills.
• Hand Pat Test: The driver extends one hand, places the second hand on top,  and alternates between patting the top and back of their lower hand while increasing speed. Officers assess coordination and focus.
• Modified Finger Dexterity Test: The driver touches their thumb to each finger in succession, sometimes while counting out loud. This test evaluates fine motor skill abilities.

Reliability and Legal Admissibility

The fundamental problem with non-standardized sobriety tests is subjectivity. Research supports standardized tests that use specific passing criteria, while non-standardized tests depend entirely on an officer's evaluation.

Several factors can affect test results, including:

• Environmental conditions: Balance and coordination can be affected by conditions like inadequate lighting, uneven surfaces, and harsh weather conditions.
• Driver characteristics: Performance results can vary based on multiple personal factors, including age, weight, existing medical conditions, and fatigue and anxiety levels.
• Officer bias or inconsistency: Unlike standardized tests with clear pass/fail criteria and extensive research supporting their reliability, non-standardized tests rely on an officer’s judgment.

DUI cases give minimal legal importance to non-standardized sobriety tests because of these problems. Judges recognize these tests as additional evidence, yet they seldom accept them as the only proof of impairment.

Challenging Non-Standardized Sobriety Test Results

Since non-standardized sobriety tests lack scientific validation, DUI defense attorneys often challenge their credibility in court. Common defenses include:

• Highlighting that these tests are not approved by the NHTSA and lack reliable scoring criteria.
• Demonstrating that the driver has health issues (such as neurological disorders, vertigo, or injuries) that could affect performance.
• Arguing that road conditions, weather, or distractions played a role in the test outcome.
• Pointing out inconsistencies in how the test was administered or interpreted.

In DUI cases where non-standardized sobriety test results serve as the primary evidence against a defendant, experienced legal counsel might succeed in eliminating or discrediting this evidence.

Bottom Line

During DUI investigations, both standardized and non-standardized sobriety tests may be used, but the latter tests lack both reliable results and legal significance. Their results depend on individual interpretation, which may become invalidated in court because they fail to serve as indisputable proof of impairment.

If you have been arrested for a DUI on the basis of a non-standardized sobriety test, an experienced DUI attorney may be able to analyze your evidence and contest its legitimacy.