1.) What signs or cues indicating impairment do law enforcement officers look for in an individual's driving?

• Turning with a wide radius.
  
• Straddling centerline or marker.
  
• "Appearing to be drunk."
  
• Almost striking object or vehicle.
  
• Weaving.
  
• Driving on other than designated roadway.
  
• Swerving.
  
• Speed slower than 10 mph below posted speed limit.
  
• Stopping without cause in a traffic lane.
  
• Following too closely.
  
• Drifting.
  
• Tires on center lane or marker.
  
• Braking erratically.
  
• Driving into opposing or crossing traffic.
  
• Slow response to traffic signal.
  
• Signaling inconsistent with driving action.
  
• Stopping inappropriately (other than in traffic lane).
  
• Turning abruptly or illegally.
  
• Accelerating or decelerating rapidly.
  
• Headlights off during night driving.

2.) After the officer has pulled me over and is approaching my vehicle, what symptoms of intoxication is the officer looking for?

• Flushed (red) face.
  
• Watery, bloodshot, dilated or glossy eyes.
  
• Odor of alcohol on the breath.
  
• Slurred, thick-tongued or incoherent speech.
  
• Stumbling, swaying, needing assistance to stand.
  
• Antagonistic, combative, sarcastic, profane, insulting, illogical attitude.
  
• Inability to follow directions.
  
• Soiled clothing, urinating on self, or vomiting.
  
• Disoriented as to time and place.
  
• Inability to retrieve license or other items requested by officer.

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 divide attention test. Test 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 tests 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.

5.) What are the ramifications of refusing to take the intoxilyzer test?
Mississippi uses the CMI intoxilyzer 5000 chemical testing machine. Under current law you may refuse to take the intoxilyzer test but you then subject yourself to a driver's license suspension for that refusal. Our law states that anybody who operates a motor vehicle upon the public highways, public roads and streets shall be deemed to have his/her consent to a chemical test or tests of his/her breath for the purpose of determining alcohol concentration. A person gives one's consent to a chemical test or tests of one's breath, blood or urine for the purpose of determining the presence of any other substance, which impairs a person's ability to operate a motor vehicle.

A person's license may be suspended for a refusal to submit to the test if they were driving on public roadways. When a person is driving on the public roads and refuses to take the intoxilyzer test, their license will be suspended for 90 days if the person has no prior DUI convictions and for a period of one year if there is a prior DUI conviction. This is not a criminal suspension or conviction. This is a civil remedy for failing to submit to the test.

The question of whether or not to submit to the test is difficult. If a person has been drinking a lot and they fear that they will show a high blood alcohol content (BAC), then their taking the test may arm the prosecutor with strong evidence. If a person has a commercial driver's license or because of their job situation cannot stand even a 90 days suspension, then they may be better off to take the test, hope for the best, and not get the automatic suspension that comes with the refusal. Remember that the test result is evidence of DUI but it is not absolute. There may be a way for your case to be won even with a BAC result greater than .08%.

If you cannot withstand the criminal DUI conviction, then you have a different set of circumstances to look at. If you have had a lot to drink and fear that the test result will show a BAC greater than .08%, then denying the prosecutor may be the best option.