Best DUI Defense Lawyer in Mississippi

Best DUI Defense Lawyer in Mississippi https://www.youtube.com/watch?v=avSIc7J1cz8

The Franks Law Firm PLLC DUI lawyer

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

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What occurs if I refuse a DUI breath examination?

Lawyer Franks: It sets off a chain of events that will result in suspension of your motorist's license for 120 days. Department of Public Safety and Security will send a letter to the address on your vehicle driver's license within the initial thirty days. After that you have ten days to submit an application for a breath examination refusal hearing to establish whether you actually refused a breath examination.

Can I be forced to take a test?

Attorney Franks: You can not be compelled to take an examination on a basic pull over. You can if there's a crash and someone's injured as they obtain a warrant to have your blood drawn. Yet usually, if you were drawn over for an arbitrary stop, like changing lanes improperly, they will certainly usually offer you a portable breath examination. You can refuse it, and if the officer decides to take it further, they'll drive you to the station. Then they will certainly ask you once again to submit to a breath test on the large Intoxilyzer machine. If you decline the examination during that time, after that you have actually officially declined the test. You have the option to decline.

Will it hurt my situation?

Lawyer Franks: Not necessarily. Under particular circumstances, it may help your situation as a result of statutory DUI law. If you blow above a. 08 blood alcohol amount, after that you are lawfully intoxicated. The officer has certain policies they have to comply with and once somebody blows.08 or above, then as a DUI lawyer, I begin checking into whether or not the procedures were correctly complied with. If a person does not take the breath test, then they can not just say it was a statutory DUI. They need to prove a common law DUI as well as prove that you were physically screwed-up while driving your car. One of the most common means of doing that is the field soberness examination on the side of the road. It's the stroll the line, hold one leg up, and touch your nose. Those tests are what they'll revert to, which can provide you a more powerful court case in some situations.

Could I theoretically get out of a sentence by not submitting to a breath examination?

Lawyer Franks: In theory, yes, you can get out of a sentence by not taking the breath test. Yet that's just because the police officer has to prove impairment by utilizing something aside from the breath test. If they can not confirm it by some other technique, then you have a great chance of being found innocent due to the fact that DUI's bring the very same burden of proof which is beyond a reasonable uncertainty. It's the state's responsibility to verify beyond a reasonable doubt that you were operating an automobile while impaired.

What are the charges?

Attorney Franks: There's DUI rejection, which means you rejected to take the test. DUI first violation means this is your initial offense. Then there's DUI second offense, which indicates this is your 2nd DUI within a five-year period. Additionally, there's DUI 3rd violation, which means this is your third DUI or even more in a 5 year period. Last but not least, you have an aggravated DUI, which is a felony. Aggravated DUI means you injured someone in an accident as well as you were consuming alcohol over the lawful limitations.