Driving Under the Influence (DUI) is a serious offense in California, and law enforcement officers employ a variety of methods to assess whether a driver is impaired. One such method, though less commonly discussed, is the Finger Count Test, also referred to as the Finger Dexterity Test. While it doesn’t get as much attention as other field sobriety tests like the Walk-and-Turn Test or the One-Leg Stand Test, the Finger Count Test can still play a role in determining whether a driver is under the influence of alcohol or drugs. In this article, we’ll cover everything you need to know about this test, its application in California DUI investigations, and its legal implications.
What Is the Finger Count Test?
The Finger Count Test is a field sobriety test used to evaluate a driver’s coordination and fine motor skills. It’s often used by law enforcement officers when they suspect that a driver may be impaired by alcohol or drugs. Though it’s less frequently administered compared to other sobriety tests, it serves as another tool in the officer’s toolkit during a DUI investigation.
Typically, the test requires the driver to follow a sequence of finger movements or count using their fingers in a specific manner. The officer observes the driver’s ability to follow instructions, perform precise movements, and maintain coordination. If a driver exhibits signs of motor impairment, the officer may suspect they are under the influence.
How the Finger Count Test Is Conducted
If a police officer suspects that a driver is intoxicated, they may decide to administer the Finger Count Test as part of their DUI investigation. Here’s a general breakdown of how the test is usually performed:
Initial Instructions: The officer provides the driver with clear instructions on how to complete the test. This step is essential because it sets the foundation for evaluating whether the driver can comprehend and follow directions accurately.
Finger Dexterity Test: In one variation of the test, the driver is asked to touch the tip of each finger to their thumb in a specific order. Typically, they will start with the index finger and continue across to the pinky finger. The officer is watching for signs of difficulty, such as jerky movements, missed steps, or uneven motions.
Finger-to-Nose Test: Another variation may require the driver to stretch both arms out in front of them, close their eyes, and touch the tip of their nose with their index finger. This test evaluates the driver’s hand-eye coordination and their ability to perform tasks without visual feedback.
Observation of Coordination: As the driver performs the test, the officer will assess several key factors to identify signs of impairment:
Difficulty following the instructions
Unsteady or jerky finger movements
Tremors or shaking in the hands
Difficulty with hand-eye coordination
Missteps, such as touching the wrong finger or missing the target
These observations help the officer decide whether the driver should undergo further testing, such as a breathalyzer or a blood test.
Why Do Officers Use the Finger Count Test in DUI Investigations?
The Finger Count Test, though not as commonly administered as other field sobriety tests, serves a specific purpose in DUI investigations. The primary goal is to assess a driver’s motor skills and coordination. Here’s why law enforcement officers might choose to use this test:
Impairment Detection: Alcohol and drugs can impair fine motor skills, hand-eye coordination, and cognitive abilities. The Finger Count Test helps officers evaluate whether a driver can perform these tasks smoothly. Difficulty completing the test may be a sign of impairment.
Establishing Probable Cause: If an officer suspects a driver is intoxicated but does not yet have enough evidence, they may use the Finger Count Test to gather more information. The results can serve as a supplement to other observations that help establish probable cause for further investigation.
Supplementing Other Tests: While the Walk-and-Turn or One-Leg Stand Tests are more frequently used, the Finger Count Test can provide additional evidence if the officer suspects the driver is impaired. It can reinforce other findings from a series of tests.
Low Impact Test: The Finger Count Test is less physically demanding than other field sobriety tests. It doesn’t require walking or balancing, which may make it easier for some drivers to perform. Additionally, it focuses more on fine motor skills, which are typically impaired by alcohol or drugs.
How Reliable Is the Finger Count Test?
While the Finger Count Test may be used in DUI investigations, its reliability is sometimes questioned. Like all field sobriety tests, it has limitations and may be affected by a variety of factors unrelated to intoxication:
Medical Conditions: Drivers with medical conditions, such as Parkinson’s disease or neurological disorders, may experience shaking hands or difficulty with coordination. These issues could lead to a false indication of impairment during the test.
Nervousness or Anxiety: Drivers may experience anxiety or stress when interacting with law enforcement, especially during a DUI stop. Nervousness can result in shaky hands or difficulty following instructions, even if the driver is sober.
Interpretation by the Officer: Field sobriety tests, including the Finger Count Test, are subjective and open to interpretation. An officer might mistakenly believe a driver is impaired based on their performance of the test, even if the driver is sober.
Lack of Scientific Validation: Unlike other standardized tests, such as the Horizontal Gaze Nystagmus (HGN) Test or the Walk-and-Turn Test, there is no strong scientific evidence validating the accuracy of the Finger Count Test as a reliable measure of impairment.
Because of these factors, the Finger Count Test is not as widely trusted as other DUI tests. However, it can still provide valuable information when combined with other observations.
What Happens After the Finger Count Test?
If a driver performs poorly on the Finger Count Test, law enforcement may decide to take additional actions based on their suspicions. Here’s what could happen next:
Arrest: If the officer has probable cause to believe the driver is under the influence, they may arrest the individual for DUI. At this point, the officer will typically request a breathalyzer or blood test to measure the driver’s blood alcohol concentration (BAC) or the presence of drugs.
Further Testing: If the officer is uncertain about the driver’s impairment, they may ask the driver to perform additional sobriety tests. If needed, the officer may also take the driver to a nearby police station for further testing, such as a blood test, to confirm impairment.
Release: If the officer determines that the driver is not impaired, they may let the driver go without making an arrest. However, the officer may still issue a citation for other violations, such as reckless driving.
Legal Implications of the Finger Count Test
In California, field sobriety tests, including the Finger Count Test, can be used as evidence during DUI investigations. It’s important to understand that you are not legally required to perform field sobriety tests during a DUI stop. If you are asked to perform the Finger Count Test, you have the right to refuse.
That said, refusing to take field sobriety tests might raise suspicion and could be interpreted as an indicator of impairment or non-cooperation. However, it’s important to note that refusing a breathalyzer or blood test carries more severe consequences under California’s implied consent laws, including automatic license suspension.
If you believe that a field sobriety test was administered improperly or that its results were inaccurate, you should seek the advice of a qualified DUI defense attorney. A skilled lawyer can help you challenge the evidence and ensure that your rights are protected.
Conclusion
While the Finger Count Test is not as widely used or scientifically validated as other DUI tests, it still serves as a tool in California DUI investigations. It provides officers with a way to assess a driver’s motor skills and coordination, especially when alcohol or drug impairment is suspected. However, like all field sobriety tests, it’s subject to interpretation and may not always be reliable in detecting impairment.
If you’ve been stopped for a suspected DUI and are concerned about the results of a field sobriety test or the legal consequences, it’s crucial to understand your rights. You are not required to take field sobriety tests, but refusing to take them may lead to additional complications. Contact Southwest Legal today to consult with an experienced DUI defense attorney who can help you navigate the legal process and protect your rights. Don’t face DUI charges alone—let Southwest Legal be your trusted advocate.
