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The Franks Law Firm PLLC DUI lawyer
#505 460 Briarwood Dr Jackson MS 39206
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What happens if I reject a DUI breath test?
Attorney Franks: It sets off a chain of events that will bring about suspension of your vehicle driver’s license for 120 days. Division of Public Safety will certainly send out a letter to the address on your driver’s license within the first 30 days. Then you have 10 days to file a petition for a breath examination rejection hearing to figure out whether or not you actually declined a breath test.
Can I be compelled to take an examination?
Lawyer Franks: You can not be required to take an examination on a conventional pull over. You can if there’s a mishap and also somebody’s injured as they get a warrant to have your blood drawn. But normally, if you were drawn over for a random traffic stop, like changing lanes incorrectly, they will usually supply you a portable breath examination. You can reject it, and if the police officer decides to take it further, they’ll drive you to the station. Then they will ask you again to submit to a breath examination on the big Intoxilyzer machine. If you reject the examination at that time, after that you have actually officially rejected the test. You have the choice to refuse.
Will it hurt my case?
Lawyer Franks: Not necessarily. Under certain circumstances, it may help your case due to statutory DUI regulations. If you blow above a .08 blood alcohol amount, then you are legally intoxicated. The officer has certain policies they need to follow and once someone registers .08 or above, then as a DUI defense lawyer, I start exploring whether the policies were correctly adhered to. If an individual does not take the breath test, then they can’t just claim it was a statutory DUI. They need to verify a common law DUI and show that you were bodily impaired while operating your vehicle. One of the most usual ways of doing that is the field soberness examination on the side of the road. It’s the stroll the line, hold one leg up, as well as touch your nose. Those tests are what they’ll return to, which can provide you a stronger court case in some circumstances.
Could I in theory avoid a sentence by not submitting to a breath test?
Lawyer Franks: In theory, yes, you could get out of a conviction by not taking the breath examination. But that’s only because the police officer has to show impairment by utilizing something apart from the breath test. If they can’t confirm it by another method, then you have a very good possibility of being found not guilty because DUI’s carry the exact same responsibility of proof which is beyond a reasonable doubt. It’s the government’s responsibility to verify beyond a reasonable doubt that you were operating an automobile while screwed-up.
What are the charges?
Lawyer Franks: There’s DUI refusal, which means you refused to take the examination. DUI very first violation indicates this is your first violation. Then there’s DUI second infraction, which means this is your 2nd DUI within a five-year period. Additionally, there’s DUI 3rd violation, which indicates this is your 3rd DUI or even more in a five-year period. Lastly, you have an aggravated DUI, which is a felony. Aggravated DUI means you injured someone in a crash and you were consuming alcohol above the legal limits.