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What Are Field Sobriety Tests (FST) And Should I Submit To Them If Asked To Perform Them?

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. Most of these test are considered "divided attention" tests taught by the National Highway Traffic Safety Administration (NHTSA). The three most recognized and used are: the walkandturn, one leg stand, and the horizontal gaze nystagmus test (HGN) or eye/pen test. Other tests like the fingertonose 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.

Other Mississippi Drunk Driving Defense FAQs

Q: What Should I Do If And When I Am Stopped By Law Enforcement?
A: Upon seeing blue lights you should stop your car at the first available and safe location. Although you do not have to submit to any field sobriety tests or perform … More
Q: Should I Take The Breath Test?
A: Most attorneys will have a difference of opinion on this question. You are the only one that can decide this for yourself and particular situation. However, you should … More
Q: What Are The Penalties For A First Offense Dui?
A: DUI First Offense: $250.00 $1,000.00 fine; imprisoned for not more that 48 hours; and attendance of an alcohol safety education program (MASEP); driver's license … More
Q: What Are The Penalties For A Second Offense Dui?
A: DUI Second Offense (within 5 year period): $600.00 $1,500.00 fine; 5 days or no more than 1 year imprisonment; not less than 10 days nor more than 1 year … More
Q: What Are The Penalties For A Third Offense Dui?
A: DUI third or subsequent offense (within 5 year period): This is considered a felony. $2,000.00 $5,000.00 fine; imprisoned not less than 1 year and no more than 5 … More
Q: Can I Get A Hardship License?
A: Only First offenders who are not considered to have refused the breath test are considered. If you meet this basic hurdle, you may petition the Court for the return of … More
Q: What Effect Does A Dui Conviction Have On My Record?
A: In Mississippi, a DUI conviction stays on your driving record for, during which time any additional DUI convictions will increase the punishment. The charge itself … More
Q: What Does A Plea In A Dui Trial Mean?
A: There are basically three types of pleas in DUI cases. The first plea is taken on a date called an "arraignment" date, usually your first court appearance. … More
Q: If I Had A Drunk Driving (Or Impaired Driving) Conviction In Another State, Will It Show Up In Mississippi?
A: Drunk driving convictions from other states can show up in Mississippi in any number of ways. Most states are now linked together through computer systems run by law … More
Q: How Will A Dui Arrest Affect My Out-Of-State License?
A: Mississippi cannot suspend an outofstate license; only your home state can suspend your license. Mississippi can only suspend your privilege to drive in this … More