Welcome back to everyone that has been reading and for all of you who are just joining, today is Day 3 of our DUI series. If you missed the first two days, you can read them here and here. Today's tip concerns Field Sobriety Tests and is as folows:
3. Never Take Field Sobriety Tests. . .
There are a few things that make field sobriety tests problematic. First, they aren't very reliable, especially when conducted in the field, and second they don't actually provide information on your ability to drive a vehicle. Basically, field sobriety tests put you through a number of tests, all of which, divide your attention between at least two tasks and try to determine whether you can perform bothr tasks the same way sober people perform them. However, there is a major problem because studies have shown that field sobriety tests, even conducted in a perfect environment, only demonstrate impairment a small percentage of the time.
Because of the inaccuracy and unreliabilty of these tests, it would be a good idea to refuse to take any field sobriety tests. However, it must be noted that there are good things and bad things about refusing field sobriety tests. The good things are, first, the police will not have any evidence of you failing field sobriety tests, and second, there are no real reprecussions to refusing tot take the tests (no loss of license like if you refuse to take a breathalyzer test). The bad thing is, the prosecution may argue that you refused to take the field sobriety tests because you thought you were too intoxicated to pass them. Therefore, it would be a good idea to refuse the field sobriety tests with the statement "my attorney told me not to take field sobriety tests." This would take the focus off of your refusal, and it is more than reasonable for people to follow thier attorney's advice.
In the end, just say no to field sobriety tests. Taking them will not help you (kind of like talking won't), so it is best just otleave them be.
Check back tomorrow for another free tip.
This article is not meant to be relied upon as legal adivce. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.
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