Embedded Files
What Happens if I Decline a DUI Breath Test in MS?
Attorney Franks: If you decline a breath examination it sets off a chain of events that will typically inevitably result in suspension of a vehicle drivers license for 120 days instantly. The Division of Public Safety will certainly send out a letter to the address on your vehicle drivers license within the initial month. After obtaining that you have 10 days to submit a petition for a breath test refusal hearing to identify whether or not you actually rejected a breath test.
Can I be forced to take an examination?
Attorney Franks: You can not be forced to take an examination on a typical pull over. If there's a mishap and somebody's injured after that of course they could go and also get a warrant to have your blood drawn or require you to do it. Yet generally if you were stopped arbitrarily they will certainly frequently offer you a portable breath examination. You can refuse it and also if the officer chooses to take it additionally they'll take you to the station. Then they will certainly ask you once more to breath test on the big Intoxilyzer machine. If you refuse the examination during that time then you've formally rejected the test. You have the choice to refuse.
Will it hurt my situation?
Attorney Franks: Not necessarily. As a matter of fact under specific circumstances it could in fact help your case because we have statutory DUI in Mississippi. If you blow above a. 08 blood alcohol content then you are legitimately intoxicated by the regulations of MS. The policeman has specific procedures they need to comply with and also as soon as somebody blows.08 or above. After that as a DUI Attorney I begin checking out whether the procedure was complied with properly. If a person does not take the breath test then they cant state it was a legal DUI. They have to verify a common law DUI and reveal in some way that you were bodily impaired while operating your automobile. Among the most frequent usual means of doing that is the field sobriety test on the side of the road. stroll the line hold one leg up and touch your nose. Those tests are what they'll return to which can provide you a stronger case in some circumstances.
Could you in theory get out of a sentence by not taking a breath examination?
Joey: Indeed you could get out of a sentence by not taking the breath examination. However that's just because the officer needs to confirm impairment using something besides the breath examination. If they can not verify it by some other approach after that you have an excellent opportunity of being found not guilty of a DUI due to the fact that DUIs carry the exact same burden of proof which is past a reasonable doubt. Its the states burden to confirm beyond a reasonable doubt that you were running an automobile while impaired.
Flowood is a city in Rankin County, Mississippi. The population was 7,823 at the 2010 census. It is part of the Jackson Metropolitan Statistical Area. Wikipedia
Hotels: 3-star averaging $110. View hotels
Weather: 89°F (32°C), Wind SE at 6 mph (10 km/h), 50% Humidity
Zip code: 39232
Flowood
Place ID ChIJG-0_w-QsKIYRwrkCvlRDxa4
Flowood, MS, USA
Google Sites
Report abuse