Should I Take The Breath Test?

Home English FAQs Drunk Driving Defense Mississippi

Should I Take The Breath Test?

Most attorneys will have a difference of opinion on this question. You are the only one that can decide this for yourself and particular situation. However, you should know that you have the legal right refuse the breath test but that you may suffer license suspension for 90 days or for 1 year as a result, in addition to the penalties and suspension discussed above. Mississippi law states that anyone who operates a motor vehicle has impliedly given their consent to submit to the officer's request to take a test to determine their blood alcohol if that officer has probable cause and reasonable grounds to make such request. Your refusal will subject you to forfeit your license or driving privileges. However, you do have a right to request a judicial determination on whether or not your license should be suspended pursuant to your refusal. Therefore, this question is difficult to answer. If you take the test and "pass" you are in a good position. However, if you take the test and "fail", you have basically given the prosection your "confession" and although you may have other defenses available to you, it would be best if the prosecution did not have this information. Whether you submit to the test or not, ALWAYS ask for a blood test and/or obtain one for yourself immediately upon being released. The results should be provided to your attorney and NEVER provided to the police willingly.

Other Mississippi Drunk Driving Defense FAQs

Q: What Should I Do If And When I Am Stopped By Law Enforcement?
A: Upon seeing blue lights you should stop your car at the first available and safe location. Although you do not have to submit to any field sobriety tests or perform … More
Q: What Are Field Sobriety Tests (FST) And Should I Submit To Them If Asked To Perform Them?
A: Field Sobriety Tests (FST) are generally standardized tests which (some) officers have received training to administer and assist them in determining if a suspect is … More
Q: What Are The Penalties For A First Offense Dui?
A: DUI First Offense: $250.00 $1,000.00 fine; imprisoned for not more that 48 hours; and attendance of an alcohol safety education program (MASEP); driver's license … More
Q: What Are The Penalties For A Second Offense Dui?
A: DUI Second Offense (within 5 year period): $600.00 $1,500.00 fine; 5 days or no more than 1 year imprisonment; not less than 10 days nor more than 1 year … More
Q: What Are The Penalties For A Third Offense Dui?
A: DUI third or subsequent offense (within 5 year period): This is considered a felony. $2,000.00 $5,000.00 fine; imprisoned not less than 1 year and no more than 5 … More
Q: Can I Get A Hardship License?
A: Only First offenders who are not considered to have refused the breath test are considered. If you meet this basic hurdle, you may petition the Court for the return of … More
Q: What Effect Does A Dui Conviction Have On My Record?
A: In Mississippi, a DUI conviction stays on your driving record for, during which time any additional DUI convictions will increase the punishment. The charge itself … More
Q: What Does A Plea In A Dui Trial Mean?
A: There are basically three types of pleas in DUI cases. The first plea is taken on a date called an "arraignment" date, usually your first court appearance. … More
Q: If I Had A Drunk Driving (Or Impaired Driving) Conviction In Another State, Will It Show Up In Mississippi?
A: Drunk driving convictions from other states can show up in Mississippi in any number of ways. Most states are now linked together through computer systems run by law … More
Q: How Will A Dui Arrest Affect My Out-Of-State License?
A: Mississippi cannot suspend an outofstate license; only your home state can suspend your license. Mississippi can only suspend your privilege to drive in this … More