DUI Attorney
What Occurs if I Reject a DUI Breath Test in Mississippi?
Attorney Franks: If you refuse a breath examination it triggers a chain of events that will normally ultimately lead to suspension of a drivers license for 120 days instantly. The Division of Public Safety will send a letter to the address on your drivers license within the first month. After receiving that you have ten days to submit an application for a breath test refusal hearing to establish whether or not you actually rejected a breath examination.
Can I be required to take an examination?
Attorney Franks: You cant be compelled to take an examination on a standard pull over. If there's a mishap and somebody's harmed then yes they can go and get a warrant to have your blood drawn or require you to do it. Yet normally if you were stopped randomly they will certainly frequently supply you a mobile breath test. You could reject it and also if the officer decides to take it even more they'll take you to the police station. Then they will ask you once again to take a breath examination on the huge Intoxilyzer machine. If you refuse the examination at that time then you have formally refused the examination. You have the option to reject.
Will it harm my situation?
Attorney Franks: Not necessarily. In fact under particular circumstances it might really aid your case because we have statutory DUI in Mississippi. If you blow over a. 08 blood alcohol content then you are legitimately intoxicated by the regulations of MS. The policeman has certain procedures they have to follow and also when somebody blows.08 or above. Then as a DUI Attorney I start checking out whether or not the policy was adhered to properly. If an individual does not take the breath examination after that they cannot claim it was a statutory DUI. They have to confirm a common law DUI and also show somehow that you were physically impaired while running your auto. One of the most usual methods of doing that is the field sobriety examination on the side of the roadway. Walk the line hold one leg up and touch your nose. Those tests are exactly what theyll return to which can give you a stronger case in some circumstances.
Could you in theory get out of a conviction by not taking a breath test?
Joey: Yes you can get out of a conviction by not taking the breath examination. Yet that's only due to the fact that the police officer has to show impairment by using something other than the breath examination. If they cannot show it by some other approach after that you have a very good possibility of being found not guilty of a DUI because DUIs carry the exact same burden of proof which is past a reasonable doubt. Its the states burden to prove beyond a reasonable doubt that you were running a vehicle while impaired.