Experienced Rochester DWI lawyers have seen members of law enforcement use a number of different field sobriety tests – some of very questionable value – when attempting to determine whether a driver is intoxicated.

The Finger Count Test is a field sobriety test that is commonly used in Western New York by police officers when investigating a driver for drinking and driving.

Unlike some field sobriety tests, the Finger Count Test has not been approved by the National Highway Traffic Safety Administration as a valid method for determining intoxication.

There are no concrete rules regarding how this test should be administered, and the method used when conducting this test can vary from one police officer to another as a result.

Generally, a driver asked to perform the Finger Count Test will be directed to hold one arm out with the palm facing up.

The driver then will be told to touch each fingertip to the tip of the thumb in sequence while counting aloud from one to four.

The driver will usually be asked to do this in one direction and then reverse the sequence.

He or she also may be asked to run through the sequence multiple times.

The officer will evaluate the driver’s ability to follow instructions and correctly perform the test.

Because there are no set criteria for what is necessary to “pass” this test, the police officer usually will record a mistake of any sort in performing the test as a “failure” and, therefore, evidence of intoxication.

Following an arrest for drinking and driving, it helps to have an experienced DWI lawyer who understands the evidence against you.

We can be reached at 585-484-7432 for a legal consultation.