Reader’s Question:

I have read that during a DUI investigation, police officers in Fayette, Kentucky often conduct field sobriety tests. I found out how a hand pat test is being conducted but the question is, how can a police officer say that an impaired driver has failed the hand pat test?

Edna

Fayette, KY

The hand pat test is just one of many field sobriety tests used by police officers in Fayette, Kentucky when investigating a driver for DUI. But even in doing hand pat test, officers don’t decide to arrest a driver for DUI because that decision has likely already been made before the test begins. It is just used as an instrument to establish probable cause for a DUI arrest and to gather evidence for a DUI case. Police officers look for signs that the driver is impaired. They will consider it a failure of the hand pat test if the driver is unable to follow instructions, started the test too soon, stopped the test before instructed, unable to count as directed and unable to pat hand as instructed.

The hand pat test is considered not really a test in the true sense of the word because it is said that it is designed to be failed. Although officers and prosecutors say that the test evaluates physical and mental impairment related to alcohol intoxication, that would not always be the case. Most experts even agree that with regard to alcohol intoxication, mental impairment always comes before physical impairment. If there is no mental impairment that is present, any physical impairment must come from a source other than alcohol.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests