DUI Attorney
What Takes Place if I Reject a DUI Breath Test in Mississippi?
Joey: if you reject a breath test it sets off a chain of events that will usually ultimately result in suspension of a motorists license for 90 days automatically out of the starting gate. Normally the Division of Public Safety will send a letter to the address on your vehicle drivers license within the first thirty days. Upon receiving that you have ten days to file an application for a breath test refusal hearing to figure out whether or not you really refused a breath test.
Can I be forced to take an examination?
Joey: You cant be forced to take an examination on a basic pull over. If there's a crash and also someones injured after that indeed they can go and obtain a warrant to have your blood taken or require you to do it. Yet usually if you were stopped randomly they will commonly offer you a mobile breath test. You could refuse it and if the police officer makes a decision to take it; they'll take you to the station. Then they will ask you once again to breath examination however this is the large Intoxilyzer device. If you refuse the examination during that time then you have actually formally rejected the test. You have the choice to refuse.
Will it harm my situation?
Joey: Not necessarily. Actually under particular scenarios it may actually aid your case due to the fact that we have statutory DUI in Mississippi. If you blow over a. 08 blood alcohol content, then you are legitimately drunk by the legislations of Mississippi. The policeman has particular procedures they need to adhere to and also once someone test.08 or above, then we begin checking out whether the procedure was followed properly. If a person does not take the breath test, then they cannot claim it was a statutory DUI. They have to verify a common law DUI and also reveal somehow that you were physically impaired while running your automobile. One of the most common means of doing that is the field sobriety examination on the side of the roadway. Stroll the line, hold one leg up and touch your nose. Those examinations are what they'll return to which could provide you a stronger case in some scenarios.
Could you theoretically get out of a conviction by not taking a breath test?
Joey: In theory yes you could get out of a sentence by not taking the breath test. Yet that's only because the officer has to prove impairment using something besides the breath test. If they cannot show it by another method after that, you have a very good chance of being found not guilty of a DUI since DUIs carry the same burden of proof. which is past a reasonable doubt in the state of Mississippi. It's the states problem to show beyond a reasonable doubt that you were running an auto while impaired on the state roads of Mississippi. A DUI lawyer knows all this