Areas Served

Madison MS

Ridgeland MS

Clinton MS

Pecan Acres Jackson MS

Flowood MS

Byram MS

Pearl MS

Northpointe Jackson MS

Tougaloo MS

Jackson MS

Natchez Trace Estates Jackson MS

Woodhaven Jackson MS

Eastover Jackson MS

Fondren Jackson MS

Farish Street Historic District Jackson MS

Washington Addition Jackson MS

Western Hills Jackson MS

What happens if I reject a DUI breath examination?

Lawyer Franks: It sets off a chain of events that will certainly lead to suspension of your vehicle driver's license for 120 days. Department of Public Safety and Security will send a letter to the address on your driver's license within the initial 30 days. After that you have 10 days to submit a petition for a breath test refusal hearing to establish whether you really declined a breath examination.

Can I be required to take an examination?

Attorney Franks: You can not be required to take an examination on a standard pull over. You can if there's a mishap and also somebody's injured as they get a warrant to have your blood taken. However generally, if you were pulled over for an arbitrary traffic stop, like changing lanes improperly, they will certainly frequently supply you a mobile breath examination. You can refuse it, and if the officer chooses to take it another step, they'll take you to the police station. Then they will certainly ask you again to submit to a breath examination on the large Intoxilyzer machine. If you reject the test during that time, after that you have formally rejected the test. You have the option to reject.

Will it hurt my case?

Attorney Franks: Not necessarily. Under particular scenarios, it may help your case because of statutory DUI law. If you blow over a. 08 blood alcohol amount, after that you are lawfully drunk. The police officer has specific procedures they need to comply with and as soon as someone blows.08 or above, then as a DUI lawyer, I begin looking into whether or not the procedures were correctly complied with. If an individual does not take the breath examination, after that they can't just state it was a statutory DUI. They have to show a common law DUI and also show that you were physically impaired while driving your vehicle. One of the most usual ways of doing that is the field soberness examination on the side of the roadway. It's the walk the line, hold one leg up, and also touch your nose. Those tests are what they'll go back to, which can provide you a stronger court case in some situations.

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

Attorney Franks: Theoretically, yes, you can get out of a sentence by not taking the breath examination. However that's only due to the fact that the policeman needs to show disability by using something apart from the breath test. If they can't verify it by some other method, after that you have a great possibility of being found not guilty because DUI's carry the very same burden of proof which is beyond a reasonable doubt. It's the government's burden to verify beyond a reasonable uncertainty that you were driving a vehicle while screwed-up.

What are the charges?

Attorney Franks: There's DUI rejection, which means you refused to take the examination. DUI first violation indicates this is your very first infraction. Then there's DUI 2nd infraction, which indicates this is your 2nd DUI within a five-year amount of time. Also, there's DUI 3rd infraction, which means this is your third DUI or even more in a five-year period. Lastly, you have an aggravated DUI, which is a felony. Aggravated DUI means you harmed somebody in a crash and also you were consuming alcohol above the legal restrictions.