In a previous post, we discussed Phase 2 of the Mississippi DUI investigation. That phase ends when the DUI officer has the driver exit the vehicle and stand on the side of the roadway. The officer then moves to Phase 3 of the investigation. This phase is also referred to as Pre-Arrest Screening, and is divided into two tasks.
Mississippi DUI officers are trained that the first task in Phase 3 is to administer field sobriety tests to the driver. These tests are called psychophysical tests. Officers are trained that a driver’s performance on these tests may indicate that the driver is under the influence of alcohol or another substance.
There are three (3) standardized field sobriety tests that DUI officers are trained to administer. These tests include the Horizontal Gaze Nystagmus Test (following a pen with the eyes), Walk-and-Turn Test, and the One-Leg Stand Test.
The field sobriety tests require the officer to “medically clear” a driver before the tests are given. Medical clearance means that the officer must ask the driver if he has any medical problems that would prevent him from being able to perform the tests. This information is also used to determine whether any medical or physical problems might cause a “false positive” on the tests. Failure of the officer to medically clear the driver may cause the results of the tests to be invalid.
The DUI field sobriety tests also require that the officer give very detailed instructions and demonstrations on how to perform the tests. If the officer fails to give these instructions, the results of the tests are not valid. Further, if the officer incorrectly gives the instructions or demonstrations, the results will likewise be unreliable.
It is important to note that these tests are completely voluntary. You are not required to take these tests, and there is no penalty if you refuse. For more information on why you should refuse to take these tests, please see Refuse Field Sobriety Tests.
After the officer completes the field sobriety tests, he will move on to the second task in this phase–preliminary breath testing. The officer will ask the driver to blow into a hand-held device that captures the driver’s breath and indicates the driver’s breath alcohol concentration (BrAC). This device is sometimes called the PBT or “portable” for short.
As with the field sobriety tests, taking the PBT is voluntary. You do not have to take the portable breath test. Your driver’s license will not be suspended if you refuse the PBT. We recommend that drivers never take the portable breath test.
After the officer gives the portable breath test, he will then make the ultimate decision: Should the officer arrest the driver for driving under the influence. Mississippi DUI officers are trained that the decision as to whether to arrest the driver for DUI should be based upon all the evidence gathered in all phases of the investigation. In practice, however, the officer has already made up his mind that he is going to arrest the driver, long before Phase 3 of the investigation.
Assuming the officer makes the decision to arrest the driver for driving under the influence, he will then transport the driver to a nearby police station or sheriff’s office. Usually, after arriving at the station, the officer will ask the driver to provide a breath sample into the “official” Intoxilyzer 8000.
Field sobriety testing is the most important part of the DUI investigation. All Mississippi DUI officers, including DUI officers in Gulfport, Biloxi and Pascagoula, are trained in the administration of standardized field sobriety tests. So are we. Crowley & Ray is the Gulf Coast’s only DUI defense firm where all the lawyers have passed a certification course in field sobriety testing. Having the same training as DUI officers enables us to find the mistakes made by the police. In many cases, these errors can result in the field sobriety test results being excluded from evidence and the DUI charge being dismissed.
If you have been charged with DUI in Gulfport, Biloxi or Pascagoula, please contact us.
