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What Happens if I Refuse a DUI Breath Examination in MS?
Attorney Franks: If you refuse a breath test it triggers a chain of events that will usually eventually cause suspension of a drivers license for 120 days automatically. The Department of Public Safety will certainly send a letter to the address on your vehicle drivers license within the initial month. After receiving that you have 10 days to submit an application for a breath test rejection hearing to establish whether or not you actually declined a breath examination.
Can I be compelled to take an examination?
Attorney Franks: You can not be forced to take a test on a typical pull over. If there's a mishap and also somebody's injured after that yes they can go and get a warrant to have your blood taken or force you to do it. However normally if you were stopped randomly they will often supply you a mobile breath examination. You could reject it and if the police officer determines to take it additionally they'll take you to the station. Then they will ask you once again to breath test on the large Intoxilyzer machine. If you refuse the examination at that time then you've formally rejected the test. You have the option to decline.
Will it harm my case?
Attorney Franks: Not always. Actually under certain scenarios it might really assist your case because we have statutory DUI in MS. If you blow over a. 08 blood alcohol content then you are lawfully intoxicated by the laws of Mississippi. The policeman has certain procedures they need to comply with and when somebody test.08 or above. After that as a DUI Attorney I start checking into whether or not the procedure was followed correctly. If an individual does not take the breath examination then they can not say it was a statutory DUI. They need to show a common law DUI and also reveal in some way that you were physically impaired while running your auto. One of the most common methods of doing that is the field sobriety test on the side of the roadway. Walk the line hold one leg up and touch your nose. Those examinations are what they'll revert to which can offer you a more powerful case in some circumstances.
Could you in theory get out of a conviction by not taking a breath examination?
Joey: Indeed you might get out of a conviction by not taking the breath examination. But that's just due to the fact that the police officer needs to confirm impairment by using something apart from the breath examination. If they cannot prove it by another approach after that you have a great possibility of being found not guilty of a DUI because DUIs have the same burden of proof which is beyond a reasonable doubt. Its the states burden to prove beyond a reasonable doubt that you were running an automobile while under the influence.
Clinton is a city in Hinds County, Mississippi, United States. Situated in the Jackson metropolitan area, it is the tenth largest city in Mississippi. The population was 25,216 at the 2010 United States Census. Wikipedia
Hotels: 3-star averaging $97. View hotels
Weather: 88°F (31°C), Wind S at 4 mph (6 km/h), 55% Humidity
ZIP codes: 39056, 39058, 39060 (P.O. boxes)
Clinton
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Clinton, MS, USA
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