DUI Attorney Pecan Acres Jackson MS

What Occurs if I Reject a DUI Breath Examination in MS?

Attorney Franks: If you reject a breath examination it sets off a chain of events that will generally eventually bring about suspension of a motorists license for one hundred twenty days instantly. The Department of Public Safety will certainly send out a letter to the address on your vehicle drivers license within the initial 30 days. Upon obtaining that you have ten days to file an application for a breath test rejection hearing to determine whether you actually refused a breath examination.

Can I be required to take an examination?

Attorney Franks: You cant be forced to take an examination on a typical stop. If there's a mishap and also someones injured after that indeed they can go and obtain a warrant to have your blood taken or force you to do it. Yet generally if you were stopped arbitrarily they will certainly typically offer you a portable breath examination. You could refuse it and also if the policeman makes a decision to take it further they'll take you to the station. Then they will certainly ask you again to take a breath test on the big Intoxilyzer device. If you reject the examination at that time after that you ve formally refused the examination. You have the choice to refuse.

Will it hurt my situation?

Attorney Franks: Not always. In fact under particular circumstances it may actually help your case because we have statutory DUI in Mississippi. If you blow above a. 08 blood alcohol amount after that you are lawfully intoxicated by the laws of Mississippi. The police officer has specific procedures they need to adhere to and once someone blows.08 or above. After that as a DUI Attorney I begin looking into whether or not the procedure was adhered to effectively. If a person does not take the breath examination then they can not say it was a legal DUI. They have to confirm a common law DUI and reveal in some way that you were bodily impaired while operating your car. Among the most common means of doing that is the field sobriety test on the side of the road. Walk the line hold one leg up and also touch your nose. Those tests are exactly what theyll revert to which can offer you a stronger case in some situations.

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

Joey: Yes you might get out of a conviction by not taking the breath test. However that's just due to the fact that the policeman needs to verify impairment by utilizing something apart from the breath test. If they can not verify it by another approach then you have a great chance 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 problem to verify beyond a reasonable doubt that you were running an automobile while impaired.



Pecan Acres

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Pecan Acres, Jackson, MS 39212, USA