DUI Defense Lawyers Pearl MS
What occurs if I refuse a DUI breath test?
Lawyer Franks: It triggers a chain of events that will cause suspension of your vehicle drivers license for 120 days. Division of Public Safety and Security will certainly send out a letter to the address on your drivers license within the first thirty days. Then you have ten days to file a request for a breath test rejection hearing to figure out whether you actually declined a breath test.
Can I be required to take a test?
Lawyer Franks: You can not be compelled to take a test on a typical pull over. You can if there's an accident and somebody's harmed as they get a warrant to have your blood drawn. However typically if you were drawn over for an arbitrary traffic stop like changing lanes improperly they will commonly supply you a mobile breath test. You can decline it and if the officer chooses to take it further they'll drive you to the police station. Then they will ask you again to take a breath test on the large Intoxilyzer device. If you reject the examination during that time then you have actually formally rejected the test. You have the option to reject.
Will it harm my case?
Attorney Franks: Not always. Under particular conditions it might help your case as a result of statutory DUI law. If you blow over a .08 blood alcohol content after that you are legally drunk. The cop has specific policies they need to follow and as soon as somebody registers .08 or above then as a DUI defense lawyer I begin checking into whether or not the procedures were properly adhered to. If a person does not take the breath test after that they can not just state it was a statutory DUI. They have to confirm a common law DUI and show that you were physically screwed-up while driving your car. One of the most common methods of doing that is the field sobriety examination on the side of the road. Its the walk the line hold one leg up as well as touch your nose. Those examinations are what they'll go back to which can provide you a more powerful court case in some circumstances.
Could I in theory avoid a sentence by not taking a breath examination?
Lawyer Franks: Theoretically yes you could avoid a conviction by not taking the breath test. Yet thats only since the officer has to prove impairment by using something besides the breath examination. If they can not show it by some other technique then you have an excellent chance of being found innocent because DUIs carry the exact same responsibility of proof which is beyond a reasonable uncertainty. Its the states responsibility to prove beyond a reasonable doubt that you were operating a car while impaired.
What are the charges?
Attorney Franks: There's DUI rejection which indicates you refused to take the examination. DUI first violation means this is your very first infraction. After that there's DUI 2nd violation which means this is your 2nd DUI within a five-year amount of time. Additionally there's DUI third violation which means this is your 3rd DUI or even more in a five-year period. Last but not least you have actually an aggravated DUI which is a felony. Aggravated DUI indicates you harmed somebody in an accident and also you were consuming alcohol over the legal limits.