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The Franks Law Firm PLLC DUI Lawyer
#505 460 Briarwood Dr Jackson MS 39206
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What takes place if I decline a DUI breath test?
Lawyer Franks: It sets off a chain of events that will certainly result in suspension of your vehicle driver’s license for 120 days. Division of Public Safety and Security will certainly send out a letter to the address on your driver’s license within the very first thirty days. After that you have ten days to file a petition for a breath examination rejection hearing to figure out whether or not you really refused a breath test.
Can I be forced to take a test?
Lawyer Franks: You can not be required to take an examination on a conventional stop. You can if there’s a mishap and also somebody’s hurt as they obtain a warrant to have your blood taken. Yet normally, if you were drawn over for an arbitrary traffic stop, like changing lanes incorrectly, they will certainly typically supply you a mobile breath examination. You can refuse it, and if the officer decides to take it further, they’ll drive you to the police station. Then they will certainly ask you once more to submit to a breath examination on the large Intoxilyzer machine. If you decline the test during that time, after that you have officially refused the examination. You have the option to refuse.
Will it hurt my case?
Lawyer Franks: Not always. Under certain conditions, it might help your situation as a result of statutory DUI law. If you blow over a .08 blood alcohol amount, then you are legitimately intoxicated. The officer has specific procedures they need to comply with and as soon as someone blows .08 or above, then as a DUI defense lawyer, I begin checking into whether the procedures were correctly complied with. If an individual does not take the breath test, after that they can not simply say it was a statutory DUI. They need to prove a common law DUI as well as prove that you were bodily screwed-up while operating your automobile. Among the most typical methods of doing that is the field sobriety test on the side of the road. It’s the walk the line, hold one leg up, and also touch your nose. Those examinations are what they’ll return to, which can give you a more powerful case in some circumstances.
Could I in theory get out of a conviction by not taking a breath examination?
Lawyer Franks: In theory, yes, you can avoid a sentence by not taking the breath test. But that’s just because the officer needs to show impairment by using something other than the breath test. If they can not show it by another method, then you have a great possibility of being found not guilty due to the fact that DUI’s bring the exact same responsibility of proof which is past a reasonable doubt. It’s the government’s burden to show beyond a reasonable uncertainty that you were driving a car while impaired.
What are the indictments?
Attorney Franks: There’s DUI refusal, which means you refused to take the test. DUI very first violation indicates this is your very first offense. Then there’s DUI 2nd offense, which means this is your second DUI within a five-year amount of time. Likewise, there’s DUI third infraction, which means this is your third DUI or more in a five-year period. Finally, you have actually an aggravated DUI, which is a felony. Aggravated DUI means you harmed somebody in a crash and also you were consuming over the lawful restrictions.