Jackson Attorney For DUI Breath Test Refusal
Under Mississippi law, you are required to submit to a “breathalyzer” test if you are pulled over on suspicion of DUI. This is a damned-if-you-do and damned-if-you-don’t situation. Taking the test may provide evidence that you are “over the limit,” but refusing the test results in mandatory driver’s license suspension … even if you are not charged with or convicted of DUI!
If you refused the breath test, contact the Brent M. Brumley law firm immediately. We can fight for your license in a DUI refusal hearing and protect your rights if you are charged with DUI.
Our Jackson DUI defense attorney has helped clients in the State of Mississippi area and Central Mississippi avoid or limit the consequences of breath test refusal.
Hinds County Breathalyzer Refusal Attorney
Criminal defense lawyer Brent M. Brumley has practiced for 30 years and has specific training in drunk driving defense. He has learned legal strategies through the National College of DUI Defense, and he is a certified Intoxilyzer operator and certified in field sobriety testing.
That background enables us to challenge a refusal citation in a contested hearing. Did the officer have probable cause for the traffic stop? Were the roadside sobriety tests conducted properly? Did the officer properly explain the implied consent law and the consequences of refusing the breath test? Because we know DUI law, law enforcement techniques and the underlying science, we can fight the refusal and related criminal charges or license suspension.
- Refusal on a first offense results in 90-day suspension of driving privileges.
- A subsequent refusal within five years results in a one-year license suspension, with no hardship license.
You can still be charged with DUI even without breath test evidence that you were over the BAC legal limit of .08. A conviction for DUI carries additional license suspension on top of the penalties for refusal.
· See Consequences of a DUI.
Protect Your Rights And Your License
If your breath test refusal stands, you will not be able to drive and the offense essentially counts as a DUI if you are pulled over in the future. We will protect your rights.