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Implied Consent & Chemical Testing Refusal in Mississipi

Posted on : December 1, 2016, By:  J Brian Kelley
Mississippi DUI Lawyer

Implied consent and refusal to submit to chemical testing are both very important facets of a Mississippi DUI case. Find out more about these issues and how they affect your case and its potential outcome.

What Is Implied Consent?

Under Mississippi law, when you drive a car as a licensed driver, you automatically consent to take a chemical test. This occurs if you are “lawfully” arrested under the suspicion of driving under the influence of alcohol. Commonly, this takes the form of a portable breathalyzer test. In some cases, blood or urine testing is done. In an accident with a suspected intoxicated driver, blood testing is done in the hospital.

Chemical Testing Refusal

You do have the right to refuse chemical testing under Mississippi law. However, because of implied consent, there are automatic penalties if you decide to go this route:

  • 90 day license suspension for a first time refusal to take a chemical test
  • 90 day license suspension for a second time refusal to take a chemical test, or a one year suspension if the first case was a convicted DUI

In most cases, it is not in the defendant’s best interest to automatically refuse chemical testing. Even if the chemical tests show a high BAC and the defendant is arrested and charged with a DUI, there many defense strategies to combat the results of those tests and keep them out of court.

Choosing Your Chemical Test

While refusing chemical testing will result in automatic penalties, you can refuse one test and request another type of chemical testing instead. For example, you can refuse the breathalyzer and ask to be taken to the hospital or the police station for a blood sample.

When to Contact a Mississippi DUI Lawyer

If you are arrested for a DUI, you have the right to remain silent and request an attorney. Therefore, invoke both of those rights to give your case the best chance of success. Call J. Brian Kelley as soon as possible after your arrest for comprehensive and zealous legal representation in any DUI case at (662) 324-3476.

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