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Pecan Acres is a neighborhood in southwest Jackson MS
What occurs if I reject a DUI breath examination?
Lawyer Franks: It sets off a chain of events that will certainly result in suspension of your motorists license for 120 days. Department of Public Safety and Security will send a letter to the address on your drivers license within the first thirty days. Then you have ten days to submit a request for a breath examination rejection hearing to determine whether or not you really refused a breath examination.
Can I be compelled to take an examination?
Attorney Franks: You can not be required to take an examination on a common stop. You can if there's a crash and somebody's harmed as they get a warrant to have your blood taken. But typically if you were drawn over for an arbitrary traffic stop like changing lanes incorrectly they will certainly commonly offer you a portable breath examination. You can reject it and if the officer makes a decision to take it further they'll drive you to the station. Then they will certainly ask you once again to take a breath examination on the large Intoxilyzer device. If you decline the examination during that time after that you have officially rejected the test. You have the option to refuse.
Will it hurt my case?
Attorney Franks: Not necessarily. Under specific scenarios it may help your case due to statutory DUI regulations. If you blow above a. 08 blood alcohol amount after that you are legitimately drunk. The police officer has certain policies they have to adhere to and once somebody blows.08 or above then as a DUI lawyer I start looking into whether the policies were appropriately complied with. If a person does not take the breath examination after that they can not just claim it was a statutory DUI. They need to verify a common law DUI and also prove that you were physically impaired while operating your vehicle. One of the most usual ways of doing that is the field sobriety test on the side of the road. Its the stroll the line hold one leg up and touch your nose. Those examinations are what they'll return to which can offer you a more powerful case in some circumstances.
Could I theoretically avoid a conviction by not taking a breath examination?
Lawyer Franks: In theory yes you can avoid a sentence by not taking the breath examination. However that's only because the police officer has to prove disability by utilizing something other than the breath test. If they cant confirm it by another technique then you have a great possibility of being found innocent because DUIs carry the same responsibility of proof which is past a reasonable doubt. Its the states responsibility to confirm beyond a reasonable uncertainty that you were driving a car while impaired.
What are the charges?
Attorney Franks: There's DUI refusal which indicates you rejected to take the examination. DUI first infraction means this is your very first infraction. After that there's DUI 2nd offense which indicates this is your 2nd DUI within a five-year amount of time. Also there's DUI third infraction which means this is your 3rd DUI or even more in a 5 year amount of time. Last but not least you have an aggravated DUI which is a felony. Aggravated DUI means you hurt someone in a crash and you were consuming over the legal limitations.
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