You likely performed a field sobriety test such as the finger-count test before your Los Angeles DUI arrest. You may have been under the impression that you could avoid a drunk driving arrest by "passing" the test, but unfortunately, these tests are designed to be failed. No matter how you performed, your test results were used to establish probable cause for your arrest and to obtain evidence for a Los Angeles DUI court case.

Fortunately, your field sobriety test performance and all of the other evidence against you in your California DUI / DWI case can be aggressively challenged. A Los Angeles DUI attorney from The Kavinoky Law Firm has proven defense strategies available to weaken the impact of your field sobriety test performance.

An officer administering the finger-count test will instruct you to extend one hand with your palm facing up, then touch the tip of each finger to the tip of your thumb. You will be required to count out loud after each touch, forward and backward, for three sets.

As you take the finger-tap test, the officer will be watching for the following signs that you're intoxicated: starting the test too soon, an inability to count as directed, an inability to follow instructions, an inability to touch your fingers as told, performing the wrong number of sets, and stopping the test before told to do so.

The finger-count test isn't a standardized field sobriety test endorsed by the National Highway Traffic Safety Administration (NHTSA), which means it carries less evidentiary weight in court than a standardized test and can be more easily disputed.

The "clues" of intoxication that the officer watches for during the finger-count test are highly subjective, and can be interpreted in many ways. There are numerous factors that could cause you to perform poorly on the finger-count test, including nervousness, fatigue, or illness. Medical conditions that impact your motor skills could also impair your performance. In some cases, the officer doesn't even conduct the test properly.

Because the finger-count test is so subjective, your test results can often be effectively challenged during an aggressive cross-examination of the arresting officer. The surest way to fight your California drunk driving case is with the help of an experienced Los Angeles DUI lawyer.