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Pecan Acres
Place ID ChIJtV7jGBY2KIYRl7uVltkW6yY
Pecan Acres, Jackson, MS 39212, USA
If Asked to Take a Field Sobriety Examination What Do I Do?
Attorney Franks: You have a couple of options. You're not required to do a field sobriety examination and it is not the test they are considering for a rejection. If you decline the big Intoxilyzer machine at the police headquarters they can file a refusal accusation.
As a Criminal Justice Attorney my advice is do not do a field sobriety test since theyre made for individuals to fail and also are extremely complex. I had a policeman do one on me as I wanted to know what my clients were going through. I failed the field soberness examination and I was not under the influence. I constantly tell clients do not do a field sobriety examination. It just provides ammunition and also it virtually never ever assists my clients.
Lets state I have consented to it as well as they ask me to follow an object with my eyes. What are they searching for?
Attorney Franks: The test they're performing is the horizontal gaze nystagmus. They're searching for wiggling of the eyes. If someones on downers there can be an involuntary eye motion which does not necessarily indicate booze is present. Yet alcohol is a depressant.
Some officers will certainly use their finger. That's entering more medication relevant disability instead of booze. Those officers need to have particular certifications for those tests to be legitimate.
What occurs if I refuse to take the examination?
Attorney Franks: Most likely they will have you stand outside either at the front or back of your automobile or by the patrol car. They'll offer you that test multiple times. Typically a police officer wont give it once and afterwards throw you in the back of the police car. They need to verify impairment past a reasonable uncertainty and also the roadside sobriety test is a device.
Policemen carry about mobile breath analyzers in the back of their police car. If you reject there are no fines. However you'll likely be taken to jail. At the jail you'll be offered the option to blow in an Intoxilyzer. Up until you refuse to blow in an Intoxilyzer you will not be written up with a DUI rejection. If you are charged with a DUI refusal then you would certainly have very good grounds to submit a request for breath examination rejection hearing.
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