The final SFST is the One Leg Stand (OLS) test. Like the other two before it, NHTSA has spent time and money over the years testing this test, and has statistics that show it is 83% accurate. As with the others, there are reasons to doubt those statistics that are beyond the scope of this post. The…… Continue reading The One Leg Stand test
Walk this way – The Walk and Turn standardized field sobriety test
After the officer conducts the HGN test, they are taught to conduct the Walk and Turn (WAT) test. Like the HGN test, NHTSA has spent a lot of money over the years testing it out in labs and lab-like settings. Also like the HGN test, NHTSA likes to tout statistics to make people believe the…… Continue reading Walk this way – The Walk and Turn standardized field sobriety test
The Horizontal Gaze Nystagmus Test, or “I could see it in his eyes”
The first of the tests is the horizontal gaze nystagmus test, or HGN. The idea behind this test is that the presence of alcohol or certain drugs in a person’s body impacts fine muscle movements, and the eyes are the best place to observe that. The officer starts by having the driver stand still with their…… Continue reading The Horizontal Gaze Nystagmus Test, or “I could see it in his eyes”
Standardized Field Sobriety Tests, or “Pre-Arrest Screening”
The next phase of DUI investigation is something the National Highway Traffic Safety Administration (NHTSA) calls “Pre-Arrest Screening,” which seems by its name to imply that the decision to arrest has been made. “Pre-Arrest Screening” sounds like something an officer does to make sure the person being arrested doesn’t have any medical issues, and not…… Continue reading Standardized Field Sobriety Tests, or “Pre-Arrest Screening”
“Please step out of the vehicle, sir.”
Now that the police officer has made a decision to ask the driver to step out of the vehicle, the officer begins to pay more attention to the driver’s physical abilities. First, the officer is taught to watch what the NHTSA calls “the exit sequence,” or what normal human beings call “getting out of the car.” Officers…… Continue reading “Please step out of the vehicle, sir.”
Personal Contact – Meeting the law enforcement officer who is trying to decide if they should charge you with a crime
Officers are taught to “approach, observe, and interview” the driver while the driver is still behind the wheel. They know to look for any signs of impairment, and are taught to use their senses of sight, hearing, and smell to do so. Here is a breakdown of what they are taught to be aware of:…… Continue reading Personal Contact – Meeting the law enforcement officer who is trying to decide if they should charge you with a crime
Big Brother’s watching – What law enforcement officers are looking for when they are watching you drive
When an officer is on patrol, he may have as part of his assignment to be on the lookout for drunk or otherwise impaired drivers. Normally, officers who are given this task have been specially trained in DUI enforcement through the Mississippi Law Enforcement Officers Training Academy (MLEOTA) in Pearl. If they were not trained at…… Continue reading Big Brother’s watching – What law enforcement officers are looking for when they are watching you drive
Explaining Mississippi’s DUI statute
Drivers have basic legal obligations concerning sobriety on Mississippi roadways. Section 63-11-30 of the Mississippi Code is the statute that governs operating a motor vehicle while under the influence of alcohol or other substance. The first subsection of 63-11-30 lays out exactly what a person can’t do, and we’ll spend time on that in this post.…… Continue reading Explaining Mississippi’s DUI statute
A hidden DUI-related license suspension you may not know about
When people think about DUIs, they think about jail time, losing their jobs, and license suspensions. What they often don’t think about is that there can be more than one type of license suspension depending on the type of DUI charge (refusal, BAC over .08, or DUI drug/other substance). And they certainly don’t think about…… Continue reading A hidden DUI-related license suspension you may not know about
VIDEO: What should you do if you are arrested in Mississippi?
https://youtu.be/UX91TXkLyko?si=J40wrKq9dh2imYpo What should you do if you’re arrested in Mississippi? In this video, criminal defense lawyer Matt Eichelberger explains your rights, including what to say (and what NOT to say) when dealing with law enforcement. Getting arrested can be overwhelming, but knowing your rights can help protect you from making mistakes that could hurt your…… Continue reading VIDEO: What should you do if you are arrested in Mississippi?