A Virginia DUI defense is no simple matter. Virginia law enforcement may have asked you to perform a field sobriety test called the Finger to Nose test. Be advised that the NHTSA studies rejected this as having any statistical relevance in field sobriety testing.
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The officer should demonstrate this test and all tests for you prior to your performing it for him.. When instructed to begin, you will extend your arm out and touch the tip of your nose with the tip of your index finger. The officer will be watching you closely to see if you touch the bridge of your nose, your upper lip, or a different location. If this field sobriety test was used in your case, we will point out that this test was rejected by NHTSA while approving those that were only 15-18% greater than flipping a coin to the attention of the judge or jury while in court.
Getting back to the actual test itself, the officer will also ask you to tilt your head back and keep your eyes closed. Then the officer will call out “left” and “right” randomly at which point you will take your left or right index finger and touch it to your nose. The officer will demonstrate this test differently as he or she will keep his or her eyes open while performing the test while requiring you to close your eyes.
There are certain “clues” that the officer will be watching for that can indicate intoxication such as inability to follow instructions, swaying, muscle tightening or tremors, a lack of depth perception, or missing your nose and touching other parts of your face instead. If you made any statements during testing, the officer will likely make notes of what was said.
This field sobriety test is not recognized by the NHTSA as standardized. They have found no reliable indicator of physical or mental impairment from test results and therefore this test holds less value in court. We will also research the testing conditions, making sure the officer administered the test in a safe place on even ground that was not slippery and where the lighting was adequate. We also call into question whether or not the officer properly demonstrated and/or administered this field sobriety test as well as the remaining battery of tests you were asked to perform.
Call us to help fight this and other evidence being used against you incorrectly and secure a great Virginia Driving Under the Influence (DUI) Defense.