The Hand Pat DUI Field Sobriety Test - An Actual FST or Glorified Patty Cake?
Let’s first address the fact that the hand-pat DUI field sobriety test is not scientifically validated. Neither the National Highway Traffic Safety Administration (the national agency that issues police protocols for field sobriety testing), nor any other reputable agency has concluded that the hand-pat DUI field sobriety test is a good indicator of alcohol and/or drug impairment.
Despite this fact, it is a very common FST. Many law enforcement officers continue to administer this field sobriety, claiming that it helps them detect impairment. This, however, is nonsense.
During this test, the suspect essentially plays “patty cake” with him/herself while counting aloud. If the suspect counts too fast, he/she fails. If the suspect counts beyond “one, two, one, two” he/she fails. If the suspect becomes too nervous and flips his/her hands too quickly, he/she fails.
There are too many factors that make this so-called “test” unreliable. Nerves, intimidation, one’s natural coordination, and the fact that there is no uniform standard or consensus that the hand-pat FST is even applicable to detecting intoxication renders this test an easy one to challenge.
