Criminal Justice Attorney Jackson MS Call 601 773 7777

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The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

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What Takes place if I Refuse a DUI Breath Examination in Mississippi?

Attorney Franks: If you refuse a breath test, it sets off a chain of events that will typically eventually cause suspension of a driver's license for one hundred twenty days, immediately. The Department of Public Safety will certainly send out a letter to the address on your motorist's license within the first month. After getting that, you have ten days to submit a request for a breath test rejection hearing to determine whether you in fact refused a breath test.

Can I be compelled to take an examination?

Attorney Franks: You can't be forced to take a test on a typical stop. If there's a mishap and also somebody's hurt, after that, yes, they could go and obtain a warrant to have your blood taken or require you to do it. Yet generally, if you were stopped randomly, they will often offer you a mobile breath examination. You can refuse it, and also if the officer decides to take it further, they'll take you to the police station. Then they will certainly ask you again to breath examination, on the huge Intoxilyzer device. If you reject the test during that time, then you 've officially declined the examination. You have the choice to refuse.

Will it harm my case?

Attorney Franks: Not necessarily. In fact, under specific conditions, it may really help your case because we have statutory DUI in MS. If you blow over a. 08 blood alcohol amount, then you are legally drunk by the legislations of Mississippi. The police officer has certain procedures they need to adhere to and as soon as somebody blows.08 or above. Then, as a DUI Attorney, I start checking out whether or not the policy was complied with effectively. If a person does not take the breath test, then they can not say it was a statutory DUI. They need to confirm a common law DUI and show somehow that you were physically impaired while operating your car. Among the most typical means of doing that is the field sobriety examination on the side of the roadway. Walk the line, hold one leg up, and also touch your nose. Those examinations are exactly what they'll change to, which could give you a stronger case in some scenarios. 

Could you theoretically get out of a sentence by not taking a breath test?

Joey: Indeed, you could get out of a conviction by not taking the breath test. But that's only due to the fact that the officer needs to confirm impairment using something other than the breath examination. If they can't show it by another technique, after that you have a very good opportunity of being found not guilty of a DUI because DUIs have the exact same burden of proof which is beyond a reasonable doubt. It's the state's problem to prove beyond a reasonable doubt that you were operating a car while under the influence.