DUI Defense Lawyers Tougaloo MS
What happens if I decline a DUI breath examination?
Attorney Franks: It triggers a chain of events that will lead to suspension of your motorists license for 120 days. Department of Public Safety will send a letter to the address on your drivers license within the initial month. Then you have 10 days to submit a request for a breath test refusal hearing to establish whether or not you actually declined a breath examination.
Can I be forced to take a test?
Attorney Franks: You can not be compelled to take a test on a standard stop. You can if there's an accident and also someones hurt as they get a warrant to have your blood drawn. However typically if you were pulled over for a random traffic stop like changing lanes improperly they will certainly frequently supply you a mobile breath test. You can reject it and if the police officer decides to take it further they'll drive you to the station. Then they will ask you once more to submit to a breath test on the large Intoxilyzer device. If you refuse the test at that time then you have actually officially refused the test. You have the choice to refuse.
Will it harm my case?
Lawyer Franks: Not always. Under certain situations it might help your case due to statutory DUI regulations. If you blow above a .08 blood alcohol content then you are legitimately drunk. The cop has specific policies they need to adhere to and as soon as somebody registers .08 or above then as a DUI defense lawyer I start checking into whether the policies were properly adhered to. If a person does not take the breath test then they can not simply say it was a statutory DUI. They have to verify a common law DUI and prove that you were bodily impaired while driving your car. Among the most usual methods of doing that is the field soberness test on the side of the roadway. Its the stroll the line hold one leg up and also touch your nose. Those examinations are what they'll return to which can provide you a stronger court case in some circumstances.
Could I in theory get out of a sentence by not submitting to a breath examination?
Attorney Franks: In theory yes you could avoid a sentence by not taking the breath test. However that's just since the officer needs to show impairment by utilizing something apart from the breath examination. If they cant verify it by another technique after that you have a very good possibility of being found innocent since DUIs carry the very same responsibility of proof which is beyond a reasonable uncertainty. Its the governments burden to confirm beyond a reasonable uncertainty that you were driving an auto while screwed-up.
What are the charges?
Lawyer Franks: There's DUI refusal which indicates you declined to take the test. DUI very first infraction means this is your initial violation. After that there's DUI 2nd infraction which indicates this is your 2nd DUI within a five-year period. Additionally there's DUI third infraction which means this is your third DUI or more in a 5-year amount of time. Finally you have actually an aggravated DUI which is a felony. Aggravated DUI means you harmed someone in a crash and you were drinking above the legal limitations.