Mississippi DUI officers are trained how to identify and catch drivers who are under the influence of alcohol, drugs or another substance. Most law enforcement officers in Mississippi complete a course called DWI Detection and Standardized Field Sobriety Testing. This course was developed by the National Highway Traffic Safety Administration (“NHTSA”), an agency of the federal government.
DUI officers in Mississippi are trained that a DUI investigation is usually divided into three (3) phases:
Phase One: Vehicle In Motion: Officers are trained that there are certain driving actions that indicate a driver may be under the influence. At this point, some police officers form an initial suspicion that a driver is DUI. After observing the vehicle in motion, the officer will decide whether he should stop the vehicle. If the officer decides to stop the vehicle, he is trained to closely observe the way the driver responds when the blue lights are activated. He is also instructed to observe the way the driver stops the vehicle. This “stopping sequence” may provide additional evidence or indicators that a person is under the influence.
Phase Two: Personal Contact: In this phase of a Mississippi DUI investigation, the officer is trained to observe the behavior of the driver after the officer approaches the vehicle. Officers are trained that if the driver acts in certain ways, then it is likely the driver is under the influence of alcohol or some other substance. If the officer sees indications that the driver is under the influence, he will have the driver get out of the vehicle. Officers are also trained to closely watch the driver as he is getting out of the vehicle. The way the driver exits the vehicle can also give the officer additional evidence that the driver is under the influence. At this point, the officer has probably already formed an opinion that the driver is under the influence, and will now begin looking for evidence that will “tighten up” the DUI case.
Phase Three: Pre-Arrest Screening: Mississippi DUI officers in this phase will offer the driver field sobriety tests and/or a portable breath test that will detect the presence of alcohol in a person’s breath. Some DUI officers in Mississippi will skip the field sobriety tests altogether, and immediately offer the driver the portable breath test. Other officers will have the driver perform the field sobriety tests, and then have the driver take the portable breath test (note that these tests are completely voluntary–a driver is not required to take these tests and there is no penalty if the driver refuses to take the tests). Based upon the outcome of these tests, the officer is trained to decide whether, taking into account all facts and information gathered from the beginning of the investigation, the driver should be arrested for DUI. As a practical matter, however, there is no deliberation on the part of the officer. If the investigation has made it to this phase, it is a near-certainty that the driver is going to be arrested for DUI.
After the driver is arrested, he is usually taken to the police or sheriff’s department and is offered the “official” Intoxilyzer 8000 if he is suspected of being under the influence of alcohol. A driver suspected of driving under the influence of a substance other than alcohol may be asked to provide a blood or urine sample for testing.
NHTSA DUI investigation is extensive, thorough and complicated. If the phases and tasks are performed correctly, there is a high probability that drivers who are truly DUI will be arrested, and innocent drivers will be sent on their way. The problem is that very few police officers perform these tasks correctly and consitently. This is a problem because DUI investigation is governed by a principle sometimes referred to as GIGO (Garbage In = Garbage Out). In other words, if the officer conducts the investigation incorrectly (garbage in), then the product of the DUI investigation will be useless (garbage out). When this happens, there is a significant danger that people who are not under the influence will be arrested due to a flawed investigation.
Curt Crowley is a Jackson, Mississippi DUI lawyer. Curt has extensive training and experience defending Mississippi DUI cases and NHTSA DUI detection and field sobriety testing techniques. If you’ve been arrested for DUI in Mississippi, please contact us for a free case evaluation.
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