By using the ABC or Finger Count test make my case dismissed?
I got arrested for a DUI and the officer just did an ABC or an alphabet kind of test. He asked me to start with the letter L and go forward. Then he did the finger counting test. Count one two three four, four three two one. Jef, he did some odd tests. Since he did that the DUI case should be dismissed, right? Wrong.
First of all the alphabet and counting tests are not part of standardized field sobriety tests. An officer could tell you that they're part of his or her field sobriety tests. The officer could commonly use them but, these are NOT example of “standardized” field sobriety tests. The standardized field sobriety tests are the one leg stand, walk and turn and the HGN. Those are the standardized field tests. Other issues are not standard tests therefore the officer is welcome to use them. They should not have the same evidentiary value as the three standardized tests.
Therefore my case is dismissed? Wrong. That is certainly fruit for your defense attorney to cross-examine the officer but this does that automatically mean the DUI arrest is wrong. It does not mean that the initial traffic stop is bad. It does not mean that when the officer went to the car window he or she could smell alcohol. There are other areas that will help decide the success of your DUI defense. A non standard test is something your attorney will want to explore. Is it helpful? Maybe. Does it mean that the case is going to be dismissed, no.
I’m Jef Goldtrap. Have a great day.