Criminal Justice Attorney Jackson MS Call 601 773 7777
https://www.youtube.com/watch?v=Zt3F6f1JG4Y
The Franks Law Firm PLLC
#505 460 Briarwood Dr Jackson MS 39206
(601) 773-7777
https://the-franks-law-firm-pllc.business.site
What Happens if I Refuse a DUI Breath Examination in MS?
Attorney Franks: If you decline a breath examination, it triggers a chain of events that will usually inevitably bring about suspension of a driver’s license for one hundred twenty days, instantly. The Department of Public Safety will certainly send a letter to the address on your vehicle driver’s license within the first 30 days. Upon obtaining that, you have ten days to submit a request for a breath examination refusal hearing to determine whether or not you really refused a breath test.
Can I be forced to take a test?
Attorney Franks: You can not be required to take an examination on a common pull over. If there’s a mishap and someone’s injured, after that, indeed, they can go and also obtain a warrant to have your blood drawn or force you to do it. Yet generally, if you were stopped arbitrarily, they will commonly supply you a portable breath test. You can reject it, and also if the police officer chooses to take it additionally, they’ll take you to the police station. Then they will ask you again to breath test, on the large Intoxilyzer device. If you reject the examination at that time, then you ‘ve officially declined the examination. You have the option to refuse.
Will it harm my situation?
Attorney Franks: Not necessarily. In fact, under particular circumstances, it may actually assist your situation due to the fact that we have statutory DUI in MS. If you blow over a. 08 blood alcohol amount, then you are legitimately drunk by the legislations of Mississippi. The policeman has specific procedures they need to adhere to and also as soon as someone test.08 or above. After that, as a DUI Attorney, I begin checking out whether the policy was followed effectively. If a person does not take the breath examination, after that they can’t say it was a statutory DUI. They have to verify a common law DUI and also reveal somehow that you were bodily impaired while operating your auto. One of the most usual ways of doing that is the field sobriety test on the side of the roadway. stroll the line, hold one leg up, and touch your nose. Those examinations are just what they’ll go back to, which could offer you a stronger case in some circumstances.
Could you in theory get out of a conviction by not taking a breath test?
Joey: Indeed, you could get out of a conviction by not taking the breath examination. But that’s just because the police officer needs to show impairment by utilizing something apart from the breath test. If they cannot show it by some other method, after that you have a very good possibility of being found not guilty of a DUI since DUIs have the very 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.
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