Posted On: November 12, 2009 by Shouse Law Group

The Difference between California DUI Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests

California DUI investigations almost always involve field sobriety tests (FSTs). FSTs are designed to help police determine whether an individual is too impaired by alcohol and/or drugs to drive safely. These tests are divided into two groups: California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests.

There are three standardized FSTs. These three SFSTs have been scientifically validated by the National Highway Traffic Safety Administration (NHTSA) as being a reliable indicator of impairment. The three tests that are endorsed by NHTSA…the federal agency who regulates DUI field sobriety testing…include:

  1. The horizontal gaze nystagmus (HGN) FST

  2. The walk-and-turn FST

  3. The one-leg stand FST

However, even these “reliable” tests are only accurate at detecting alcohol and/or drug impairment between 65-77% of the time. What’s worse is that these statistics assume that these tests are being “precisely” administered according to NHTSA’s rules and regulations when the fact is that most officers never receive personal NHTSA instruction.

With the exception of the “NHTSA three”, all other California DUI FSTs are non-standardized. This means that they have no data to support their validity. These non-standardized FSTs have no guidelines to regulate their use and no research to demonstrate their trustworthiness.

The five most common California non-standardized field sobriety tests include (but are not limited to):

  1. The alphabet FST

  2. The Rhomberg balance FST

  3. The finger-to-nose FST

  4. The hand-pat FST

  5. The finger count FST

Regardless of which FST is administered, a California DUI defense attorney will likely challenge the results of any and all DUI field sobriety tests as a part of an overall DUI defense…this being the biggest similarity between California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests.