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What Happens if I Reject a DUI Breath Examination in MS?
Attorney Franks: If you reject a breath test it triggers a chain of events that will usually ultimately cause suspension of a drivers license for 120 days automatically. The Department of Public Safety will send a letter to the address on your drivers license within the first thirty days. After getting that you have 10 days to submit a petition for a breath examination refusal hearing to determine whether you actually rejected a breath test.
Can I be required to take a test?
Attorney Franks: You can not be forced to take an examination on a basic pull over. If there's a crash and also somebodys injured then yes they could go and also get a warrant to have your blood taken or compel you to do it. But typically if you were pulled over arbitrarily they will usually provide you a mobile breath examination. You can refuse it and also if the police officer determines to take it even more theyll take you to the police station. Then they will certainly ask you once more to breath test on the huge Intoxilyzer device. If you decline the test at that time after that you have formally rejected the examination. You have the option to refuse.
Will it hurt my situation?
Attorney Franks: Not always. As a matter of fact under particular scenarios it could really assist your case due to the fact that we have statutory DUI in MS. If you blow over a. 08 blood alcohol content then you are lawfully intoxicated by the regulations of MS. The policeman has specific procedures they need to follow and also once somebody blows.08 or above. After that as a DUI Attorney I begin checking into whether or not the procedure was adhered to properly. If an individual does not take the breath test after that they can not claim it was a statutory DUI. They have to prove a common law DUI and also show in some way that you were bodily impaired while operating your vehicle. One of the most frequent usual means of doing that is the field sobriety examination on the side of the roadway. Walk the line hold one leg up and touch your nose. Those examinations are what they'll go back to which could give you a stronger case in some situations.
Could you in theory get out of a conviction by not taking a breath examination?
Joey: Indeed you can get out of a sentence by not taking the breath test. However that's only due to the fact that the policeman needs to show impairment by using something aside from the breath examination. If they cant verify it by some other approach then you have a very good chance of being found not guilty of a DUI since DUIs carry the exact same burden of proof which is past a reasonable doubt. Its the states burden to verify beyond a reasonable doubt that you were running an automobile while impaired.
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Jackson, Mississippi Population 2018. Jackson, Mississippi's estimated population is 166,965 according to the most recent United States census estimates. Jackson, Mississippi is the 1st largest city in Mississippi based on official 2017 estimates from the US Census Bureau.
Jackson, MississippiStateMississippiCountiesHinds, Madison, RankinIncorporated1821Named forAndrew Jackson34 more rows
Madison is a city in Madison County, Mississippi, United States. The population was 24,841 at the 2010 census. The population is currently over 25,000. It is part of the Jackson Metropolitan Statistical Area. Wikipedia
Madison
Place ID ChIJM2zSQHnRKYYRhVsEwvqbg3g
Madison, MS 39110, USA
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