So you were pulled over after drinking. Now what?
It is important to start this blog post by reiterating that you should never drink and drive.
Whether it was just a few glasses of wine, or you went overboard, it is unacceptable to get behind the wheel if you think you may be over the limit even slightly.
In Mississippi you will likely receive a DUI if you are arrested for driving with a blood alcohol concentration (BAC) of: At least 0.08%. If you are younger than 21 years old a BAC of 0.02% can get you arrested.
According to Tangi Carter, you do have the right to refuse a Breathalyzer test, but there are some things you should know before you do.
“Mississippi is an implied consent state, which means that, in order to obtain a driver's license, you implicitly consent to taking a breath test if an officer requests it,” said Carter. “Failure to take the test could result in an additional administrative suspension of your driver's license of 90 days or up to one year if you have previously refused a breath test. This administrative driver's license suspension is in addition to a criminal suspension of your driver's license.”
According to Carter, if you choose to refuse a Breathalyzer test that does not necessarily mean you are off the hook.
“If you refuse a breath test, your driver's license will be suspended for a longer period than if you submit to a breath test,” said Carter. “You have the right to refuse the breath test. Always remember to be cooperative and kind to the officer, even when you are refusing. You may still be arrested. If you are arrested, you should hire an attorney immediately to see what potential defenses you may have.”
If you know you haven’t been drinking, it is always best to take the Breathalyzer test and be cooperative with police.
However, if you do take the test and are over the legal limit, you need to call Tangi Carter right away.
“You should always have an attorney review the discovery in your case for possible defenses,” said Carter. “The breathalyzer is a machine and may not be a reliable indication that you are impaired.”
If you need legal defense for a DUI case, contact Tangi Carter at 601-544-1313.
About Tangi Carter:
For over 20 years Tangi Carter has helped clients navigate the legal system. She will treat you with respect and utilize her knowledge and experience to protect your rights and liberty. She is admitted to practice law in Mississippi, Louisiana, Florida, Tennessee, and the Federal Courts. .