DUI Attorney Jackson MS

What Happens if I Refuse a DUI Breath Test in Mississippi?

Attorney Franks: If you refuse a breath test it triggers a chain of events that will usually eventually result in suspension of a motorists license for one hundred twenty days automatically. The Division of Public Safety will send out a letter to the address on your motorists license within the first thirty days. Upon getting that you have ten days to submit a request for a breath examination rejection hearing to figure out whether you in fact refused a breath test.

Can I be compelled to take an examination?

Attorney Franks: You cant be forced to take an examination on a typical pull over. If there's a crash and also someones injured then of course they could go and also obtain a warrant to have your blood drawn or require you to do it. Yet normally if you were stopped randomly they will certainly commonly provide you a portable breath test. You could reject it and if the policeman chooses to take it further they'll take you to the station. Then they will certainly ask you once more to breath examination on the large Intoxilyzer device. If you refuse the test at that time after that you have formally refused the examination. You have the choice to refuse.

Will it hurt my case?

Attorney Franks: Not necessarily. Actually under certain situations it might in fact aid your case since we have statutory DUI in Mississippi. If you blow above a. 08 blood alcohol amount then you are legally drunk by the legislations of MS. The police officer has certain procedures they need to adhere to and when someone blows.08 or above. Then as a DUI Attorney I begin checking into whether or not the policy was adhered to appropriately. If an individual does not take the breath examination then they cannot say it was a legal DUI. They have to verify a common law DUI and reveal somehow that you were physically impaired while operating your auto. One of the most typical methods of doing that is the field sobriety examination on the side of the roadway. stroll the line hold one leg up and also touch your nose. Those tests are what they'll go back to which could give you a stronger case in some circumstances.

Could you in theory get out of a sentence by not taking a breath examination?

Joey: Yes you might get out of a sentence by not taking the breath examination. Yet that's only because the policeman needs to verify impairment by utilizing something other than the breath examination. If they cant show it by some other approach after that you have an excellent opportunity of being found not guilty of a DUI due to the fact that DUIs have the very same burden of proof which is beyond a reasonable doubt. Its the states burden to prove beyond a reasonable doubt that you were operating a car while impaired.


Jackson is the capital city of Mississippi. The statewide Mississippi Freedom Trail runs through the city, encompassing a number of historic sites that were significant in the civil rights movement. These include the Medgar Evers Home Museum and the landmark Mississippi State Capitol building. In leafy LeFleur’s Bluff State Park, the Mississippi Museum of Natural Science includes an aquarium and nature trails.

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Jackson

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Jackson, MS, USA