Legal Advice

Investigation of DUI Cases: Non-Standardized FST Finger to Nose

By: DARREN KAVINOKY

Investigation of DUI Cases: Non-Standardized FST Finger to Nose

The Finger to Nose test is a non-standardized field sobriety test (FST) that does not have scientific backing to support the allegation that the subject was intoxicated, because they “failed” the test.

Finger to Nose

Method

The subject is instructed to stand upright, with their hands at their side. The subject is told to tilt their head back and then to touch the tip of their right index finger to the tip of their nose and then repeat this process with the left index finger.

Clues

1) Subject started test before instructed to do so 2) Subject’s body swayed, either forward and back, or side to side 3) Subject does not touch the “tip” of the finger directly to the “tip” of the nose 4) Subject does not alternate with the right and left index fingers as instructed

Scoring

Because this test is non-standardized, there is no scientifically-backed scoring system to accurately determine how many clues it takes to “fail” this test. Therefore, whether or not the subject passes or fails is subjective to the officer administering the test and not reliable.

Another problem with this test occurs when the officer fails to give specific instructions. Because this test is non-standardized there are no uniform instructions with which to compare the officer’s instructions.