Should I perform a Field Sobriety Test when asked by a Police Officer in Mississippi?

Field Sobriety Tests (FST) are generally standardized tests which (some) officers have received training to administer and assist them in determining if a suspect is driving while under the influence of alcohol or drugs. The three most recognized and used tests are: the walk­-and-­turn, one leg stand, and the eye/pen test. Other tests like the finger­-to-nose and ABC may be used but are not considered standardized. You have no legal obligation to submit and may refuse them without legal penalty. The problem with submitting to these tests, even when you feel like you could pass them, is that you do not know what the officer is looking for and even if you "pass", the officer may still be inclined to arrest you for DUI. There could also be other factors which make you "fail" them and the officer will only attribute your failure to your being DUI and charge you accordingly.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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