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Northpointe is a neighborhood in northeast Jackson MS
What happens if I reject a DUI breath test?
Lawyer Franks: It triggers a chain of events that will bring about suspension of your vehicle drivers license for 120 days. Division of Public Safety and Security will certainly send a letter to the address on your vehicle drivers license within the very first month. Then you have 10 days to submit a petition for a breath test rejection hearing to establish whether you in fact rejected a breath test.
Can I be required to take a test?
Attorney Franks: You can not be required to take an examination on a typical stop. You can if there's a mishap and also someones harmed as they obtain a warrant to have your blood taken. However normally if you were drawn over for a random stop like changing lanes improperly they will typically offer you a mobile breath test. You can refuse it and if the police officer decides to take it another step they'll drive you to the station. Then they will ask you once more to submit to a breath examination on the large Intoxilyzer device. If you decline the examination during that time after that you have officially declined the examination. You have the choice to refuse.
Will it harm my situation?
Lawyer Franks: Not always. Under certain situations it might help your situation due to statutory DUI law. If you blow above a. 08 blood alcohol content then you are lawfully drunk. The cop has specific policies they have to adhere to and once someone registers.08 or above then as a DUI lawyer I start checking into whether or not the procedures were properly followed. If a person does not take the breath examination then they cant just state it was a statutory DUI. They have to confirm a common law DUI and prove that you were physically screwed-up while driving your vehicle. One of the most common methods of doing that is the field sobriety examination on the side of the roadway. Its the stroll the line hold one leg up and touch your nose. Those examinations are what theyll revert to which can provide you a stronger court case in some situations.
Could I theoretically avoid a conviction by not submitting to a breath examination?
Lawyer Franks: Theoretically yes you could get out of a conviction by not taking the breath test. Yet thats just since the police officer needs to prove disability by using something aside from the breath test. If they can not confirm it by another approach then you have a great possibility of being found innocent because DUIs bring the very same responsibility of proof which is beyond a reasonable uncertainty. Its the governments responsibility to verify beyond a reasonable doubt that you were driving an automobile while screwed-up.
What are the charges?
Attorney Franks: There's DUI rejection which indicates you rejected to take the examination. DUI first infraction indicates this is your initial offense. After that there's DUI second infraction which means this is your second DUI within a five-year period. Also there's DUI third infraction which indicates this is your 3rd DUI or more in a five-year period. Finally 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 above the legal limits.
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