Frequently Asked Questions About DUI
3.	What should I do if asked to take a field sobriety test?
In most cases, an officer who suspects that you may be impaired will ask you to perform some field tests. Most of these tests are divided attention tests. In other words, the test is designed to test both your ability to understand direction and your physical ability. The National Highway Traffic Safety Administration (NHTSA) recommends that officers use the nine-step walk-and-turn test, and the one leg stand divided attention test. Tests like the finger to the nose test, finger to thumb, and ABC test may be used but do not have the evidentiary value of those approved by NHTSA. You have no legal requirement to perform a field sobriety test and there is no penalty based upon refusal alone. Most people believe that they can perform these tests better than they really can. Many people cannot perform these tests on their most sober day. If a person has any physical problems, is fatigued, on medications, or just lacks much coordination, then a quick explanation of this condition to the officer and a respectful refusal will be an appropriate response in most cases.
4.	What is the follow the pen with the eyes test about?
This test is called the Horizontal Gaze Nystagmus Test (HGN). It is one of the three recommended test by NHTSA. This test is not a divided attention test. The purpose of the test is to look for involuntary jerking of the eyes. In other words, the ability of the suspect's eyes to track the pen smoothly. Testing has shown that there is a relationship between the involuntary jerking of the eyes and the amount of alcohol that a person has consumed. While law enforcement may continue to use this test, the Supreme Court of Mississippi has held that the HGN test is not to be admitted to show a level of intoxication or to show a probability of impairment.