The National Highway Traffic Safety Administration(NHTSA) engaged reseachers to study and recommend field tests for DUI officers to use in the field in establishing probable cause to arrest drivers for DUI's.Their recommedndations were for three tests to be administered and evaluated in a standardized manner.
The three tests ,Horizontal Gaze Nystagmus.
The horizontal gaze nystagmus exercise rely's on the DUI officer's ability to observe involuntary nystagmus(jerking eye movements) in a person's eyes,as a stimulus(finger,pen,ect.) is passed in front of the person's head at a point slightly above the eyes.The DUI officer is directed to make several passes on both the right,and left eye in about 85+/- seconds.This is usually the first test to be given and like all field tests in Mississippi it is voluntary.there is no civil or criminal penalty for failure to submit to the HGN test.
The Walk and Turn Test
The walk and turn test(wat) is usually the second test to be given.The DUI officer should demonstrate the test before having the person attempt the exercise,and as with all exercises the person should be capable of taking the exercise(there are age,weight,and medical reasons that the exercise should not be attempted) The exercise requires the tested person to walk a straight line,turn and walk back on a straight line.The DUI officer evaluates the exercise ,and as with all field exercises ,it is voluntary,there is no civil or criminal penalty for failure to submit to the WAT test
The One Leg Stand test
The one leg stand(ols) test requires the person to stand on one leg for a period of time, and is usually the third test to be administered by the DUI officer.The officer should denorstrate the exercise proir to the test administration.,and as with all exercises the person should be capable of taking the exercise( there are age,weight,and medical reasons that the exercise should not be attempted). The DUI officer evaluates the exercise ,and as with all field exercises there is no civil or criminal penalty for failure to submit to the OLS test.
Additional resources provided by the author
Mississippi Dui Law and Practice,2010 Thompson/West publisher Authored by:Victor Carmody,Kevin Stewart,and Lance Mixon
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.