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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.

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