DUI Defense Lawyers Pecan Acres Jackson MS
What occurs if I reject a DUI breath test?
Attorney Franks: It sets off a chain of events that will certainly bring about suspension of your motorists license for 120 days. Department of Public Safety and Security will send out a letter to the address on your vehicle drivers license within the first 30 days. After that you have 10 days to submit a request 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?
Lawyer Franks: You can not be compelled to take an examination on a standard stop. You can if there's a mishap and somebody's harmed as they get a warrant to have your blood drawn. But generally if you were pulled over for a random stop like changing lanes improperly they will certainly typically offer you a mobile breath examination. You can refuse it and if the officer makes a decision to take it another step they'll drive you to the police station. Then they will ask you once again to submit to a breath test on the large Intoxilyzer machine. If you decline the test during that time then you have actually formally rejected the examination. You have the option to decline.
Will it hurt my case?
Attorney Franks: Not necessarily. Under specific situations it might aid your case due to statutory DUI regulations. If you blow above a .08 blood alcohol amount after that you are legally intoxicated. The cop has specific policies they have to comply with and when somebody blows .08 or above then as a DUI defense lawyer I begin checking into whether or not the policies were correctly adhered to. If an individual does not take the breath examination after that they can not simply state it was a statutory DUI. They need to verify a common law DUI and prove that you were bodily impaired while operating your vehicle. Among the most typical means of doing that is the field sobriety test on the side of the roadway. Its the walk the line hold one leg up as well as touch your nose. Those tests are what they'll return to which can give you a more powerful case in some situations.
Could I theoretically avoid a conviction by not submitting to a breath test?
Attorney Franks: Theoretically yes you can avoid a conviction by not taking the breath test. However that's just due to the fact that the officer has to show impairment by using something aside from the breath examination. If they cant prove it by some other technique then you have a great chance of being found innocent due to the fact that DUIs bring the very same burden of proof which is past a reasonable doubt. Its the governments responsibility to verify beyond a reasonable doubt that you were operating an automobile while screwed-up.
What are the indictments?
Lawyer Franks: There's DUI refusal which indicates you refused to take the test. DUI first offense means this is your initial violation. After that there's DUI second offense which means this is your 2nd DUI within a five-year period. Additionally theres DUI third offense which indicates this is your 3rd DUI or even more in a five-year amount of time. Last but not least you have actually an aggravated DUI which is a felony. Aggravated DUI indicates you hurt someone in a crash as well as you were consuming over the legal limitations.