DUI Attorney Byram MS
What Happens if I Refuse a DUI Breath Examination in MS?
Attorney Franks: If you refuse a breath examination it sets off a chain of events that will normally inevitably bring about suspension of a drivers license for one hundred twenty days automatically. The Department of Public Safety will send a letter to the address on your drivers license within the initial thirty days. Upon getting that you have ten days to file a petition for a breath test refusal hearing to identify whether you really declined a breath examination.
Can I be required to take an examination?
Attorney Franks: You can not be compelled to take an examination on a common stop. If there's a mishap and somebody's hurt after that yes they can go and also obtain a warrant to have your blood taken or force you to do it. However typically if you were pulled over randomly they will commonly provide you a portable breath examination. You can refuse it and also if the policeman decides to take it even more they'll take you to the station. Then they will certainly ask you again to take a breath test on the big Intoxilyzer machine. If you reject the test during that time after that you've formally refused the test. You have the choice to reject.
Will it harm my situation?
Attorney Franks: Not necessarily. In fact under specific circumstances it could really assist your situation because we have statutory DUI in MS. If you blow above a. 08 blood alcohol content after that you are lawfully drunk by the regulations of Mississippi. The policeman has specific procedures they need to adhere to and when someone blows.08 or above. Then as a DUI Attorney I begin considering whether or not the procedure was complied with appropriately. If an individual does not take the breath examination then they cannot claim 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 vehicle. Among the most common ways of doing that is the field sobriety examination on the side of the road. Walk the line hold one leg up and also touch your nose. Those examinations are just what they'll return to which could offer you a stronger case in some scenarios.
Could you in theory get out of a conviction by not taking a breath examination?
Joey: Yes you can get out of a conviction by not taking the breath test. However that's only due to the fact that the officer has to confirm impairment using something besides the breath examination. If they cannot confirm it by another technique then you have an excellent opportunity of being found not guilty of a DUI due to the fact that DUIs have the exact same burden of proof which is beyond a reasonable doubt. Its the states burden to prove beyond a reasonable doubt that you were running a vehicle while under the influence.
Byram is a city in Hinds County, Mississippi, United States. The population was 11,489 as of the 2010 census, up from 7,386 at the 2000 census, at which time it was an unincorporated census-designated place. It is part of the Jackson Metropolitan Statistical Area. Wikipedia
Hotels: 3-star averaging $139. View hotels
Zip code: 39272
Weather: 88°F (31°C), Wind SE at 4 mph (6 km/h), 54% Humidity
Byram
Place ID ChIJ3fMq2mA3KIYRS4TBRSe8H8o
Byram, MS, USA