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What happens if I refuse a DUI breath examination?
Attorney Franks: It triggers a chain of events that will cause suspension of your drivers license for 120 days. Department of Public Safety will certainly send a letter to the address on your vehicle drivers license within the very first 30 days. After that you have 10 days to submit a petition for a breath test refusal hearing to determine whether or not you in fact declined a breath examination.
Can I be compelled to take an examination?
Lawyer Franks: You can not be required to take a test on a common pull over. You can if there's an accident and someones injured as they get a warrant to have your blood drawn. However normally if you were drawn over for an arbitrary traffic stop like changing lanes improperly they will typically supply you a mobile breath test. You can decline it and if the police officer makes a decision to take it another step they'll take you to the station. Then they will certainly ask you once more to submit to a breath examination on the large Intoxilyzer device. If you decline the examination at that time after that you have formally declined the test. You have the option to decline.
Will it harm my situation?
Lawyer Franks: Not necessarily. Under specific circumstances it may help your situation because of statutory DUI regulations. If you blow above a .08 blood alcohol content then you are legitimately intoxicated. The police officer has certain policies they have to comply with and as soon as someone registers .08 or above then as a DUI defense lawyer I start exploring whether the procedures were appropriately complied with. If a person does not take the breath test after that they can not just say it was a statutory DUI. They have to prove a common law DUI as well as prove that you were physically screwed-up while operating your vehicle. Among the most common means of doing that is the field sobriety test on the side of the road. Its the walk the line hold one leg up as well as touch your nose. Those examinations are what they'll revert to which can give you a more powerful court case in some circumstances.
Could I in theory avoid a conviction by not taking a breath examination?
Lawyer Franks: Theoretically yes you could avoid a conviction by not taking the breath examination. However that's just since the policeman has to show disability by utilizing something besides the breath examination. If they cant confirm it by another method then you have an excellent chance of being found innocent due to the fact that DUIs bring the exact same burden of proof which is beyond a reasonable doubt. Its the governments burden to show beyond a reasonable uncertainty that you were operating an automobile while impaired.
What are the charges?
Lawyer Franks: There's DUI refusal which indicates you declined to take the examination. DUI first violation means this is your first offense. Then there's DUI second violation which indicates this is your 2nd DUI within a five-year amount of time. Also there's DUI third infraction which indicates this is your 3rd DUI or more in a five-year period. Last but not least you have an aggravated DUI which is a felony. Aggravated DUI means you injured someone in a crash as well as you were drinking above the lawful limitations.
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 $115.
Zip code: 39232
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