Can you refuse a Breathalyzer test in Mississippi?

On Behalf of | May 25, 2022 | DUI Defense

Seeing a police car with its lights flashing behind you can make even the best day go bad. Knowing that you had a few beers with your friends after golf can make the situation even worse. 

You don’t feel intoxicated, but you’re worried about what your blood alcohol content (BAC) will show if you take a Breathalyzer test. Now you may wonder what might happen if you refuse to take the test.

Keep reading to find out.

Mississippi’s implied consent law

When you receive your driver’s license, you agree to Mississippi Code § 63-11-5 (2020), which states you consent to a chemical test to determine your BAC if a police officer believes you are intoxicated. If you refuse the test, the officer will inform you that refusal to do so will result in a ninety-day suspension of your driver’s license.

If you are found guilty of driving while intoxicated, you may receive a fine of $250-$1000, up to 48 hours in jail, or both. By refusing to take a Breathalyzer test, you may receive a harsher penalty than if you had submitted to the test.

What should you do if you are pulled over?

First and foremost, be polite. Do not become belligerent and don’t step out of the car unless the police officer requests it. Have your license and registration ready to hand over. You have the right to remain silent, so use it. Remember that anything you say can be used against you in a court of law, so exercise caution with your words. 

By following these steps, you will be in the best possible position for defense against any charges that may be brought against you.

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