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Should I Refuse the Mandatory DUI Test in Mississippi?

Posted on : May 23, 2017, By:  J Brian Kelley
A Starkville DUI lawyer can help you if you’ve been accused of driving under the influence.

No one wants to go through the experience of seeing the flashing lights behind their vehicle on the road at any time in Starkville. This can ramp up your anxiety and lead you to be concerned about whether or not you may have drunk too much and may fail the mandatory DUI test when the officer pulls you over.

Mississippi law, however, has an implied consent rule meaning that after being lawfully arrested by an officer who has a probable cause to believe that you have been driving under the influence of alcohol or drugs, then you are responsible for consenting to a chemical test of your breath to determine your BAC. This mandatory DUI test has to be taken as soon as possible from the time you were last driving. The officer is responsible for waiting at least 15 minutes from the time you drank or ate something that could have potentially impaired your driving to give you a test.

Once you have submitted to the officer’s tests, you may be eligible to get additional tests completed by a doctor of your choice. You are not eligible to speak to your attorney until after you’ve been arrested, taken to the police station and booked. The officer will probably inform you that your license will be suspended for at least 90 days and up to one year as a result. It typically does not help your case to refuse a breath or blood test when arrested for DUI in Mississippi.

Your license will be suspended and you will be fined at least $250 but you could also spend time in jail as a result of refusing the test. These consequences are more severe than refusing a test. Refusing the test also does not give you a guarantee that you won’t be convicted. You could be convicted for DUI even if you did refuse the test. The refusal can be used against you by the prosecution in the event that they argue that you may have known your guilt and may have refused the test on purpose. In any case, you need an experienced DUI attorney in Starkville to help you.


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