Implied Consent - What happens to my license if I don't consent?
In a typical scenario, when a law enforcement officer believes someone is driving a vehicle while under the influence of alcohol, the officer will begin by observing the driver and asking him questions. This is usually followed by a request for the driver to submit to field sobriety testing and/or a portable breathalyzer. The final step in the officer's investigation will be to place the driver into custody and transport him or her to the police station or sheriff's department where the officer will request that the driver submit to a breath test. In Mississippi, every law enforcement agency uses the Intoxilyzer 8000 (I am unaware of any exceptions). Mississippi statutory law lays out what happens to a person's driver's license whether he or she takes the breath test or refuses it (the numbered sections below only summarize what the statutes require, see below for more information) :
(1) If you take the breath test (and have a valid driver's license) -
Under Mississippi Code Annotated Section 63-11-23(2), if you submit to the breath test and register a blood alcohol concentration of .08% or higher for those of legal drinking age or .02% or higher for those below the legal drinking age, then the officer will take your license and give you a receipt that is valid as a driving permit for 30 days. This 30 day permit may be extended for up to two additional 30 day periods (for a total of 90 days) should the driver or his attorney make a written request for a trial within each 30 day period. Should you request a trial and/or extension and receive a permit to drive and your case not go to trial within the 90 days, then the Mississippi Commissioner of Public Safety can suspend your license for 90 days.
(2) If you don't take the breath test (and have a valid driver's license) -
Under Mississippi Code Annotated Sections 63-11-21 and 63-11-23(1), if you refuse to take the breath test, then the officer will submit a sworn report to the Mississippi Commissioner of Public Safety and the Mississippi Commissioner of Public Safety's office will review the sworn report to determine whether: (a) the law enforcement officer had reasonable grounds and probable cause to believe the person had been driving a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance which may impair a person's mental or physical ability; (b) the person refused to submit to the test upon request of the officer; and (c) the person was informed that his license and/or driving privileges would be suspended or denied if he refused to submit to the chemical test. Usually, the Mississippi Commissioner of Public Safety's office will find that these requirements have been met and will send the driver a notice pursuant to Mississippi Code Annotated 63-1-52(2)(a). 30 days after the notice has been sent, the Mississippi Commissioner of Public Safety will suspend the person's driver's license for a period of 90 days. The Commissioner's determination may be reviewed by a court pursuant to Mississippi Code Annotated Section 63-11-25 within 10 days after the decision is rendered.
(3) If you take or don't take the breath test (and DO NOT have a valid driver's license) -
Under Mississippi Code Annotated Section 63-11-23(3), if you are a Mississippi resident and do not have a license or permit to drive a motor vehicle, then the Mississippi Commissioner of Public safety will not issue you a license or permit for 1 year after the 30 day notice is sent pursuant to Mississippi Code Annotated 63-11-52(2)(a).
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Every DUI case is different. The numbered sections above only summarize the Mississippi statutes on taking or refusing the breath test. If you find yourself in the unfortunate position of being accused of DUI in Mississippi or having your license suspended under the Mississippi Implied Consent Law, then please feel free to contact me to discuss your case or to make an appointment by e-mailing me at jamesbjustice@gmail.com or by calling my office at (662) 234-4747.
(1) If you take the breath test (and have a valid driver's license) -
Under Mississippi Code Annotated Section 63-11-23(2), if you submit to the breath test and register a blood alcohol concentration of .08% or higher for those of legal drinking age or .02% or higher for those below the legal drinking age, then the officer will take your license and give you a receipt that is valid as a driving permit for 30 days. This 30 day permit may be extended for up to two additional 30 day periods (for a total of 90 days) should the driver or his attorney make a written request for a trial within each 30 day period. Should you request a trial and/or extension and receive a permit to drive and your case not go to trial within the 90 days, then the Mississippi Commissioner of Public Safety can suspend your license for 90 days.
(2) If you don't take the breath test (and have a valid driver's license) -
Under Mississippi Code Annotated Sections 63-11-21 and 63-11-23(1), if you refuse to take the breath test, then the officer will submit a sworn report to the Mississippi Commissioner of Public Safety and the Mississippi Commissioner of Public Safety's office will review the sworn report to determine whether: (a) the law enforcement officer had reasonable grounds and probable cause to believe the person had been driving a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance which may impair a person's mental or physical ability; (b) the person refused to submit to the test upon request of the officer; and (c) the person was informed that his license and/or driving privileges would be suspended or denied if he refused to submit to the chemical test. Usually, the Mississippi Commissioner of Public Safety's office will find that these requirements have been met and will send the driver a notice pursuant to Mississippi Code Annotated 63-1-52(2)(a). 30 days after the notice has been sent, the Mississippi Commissioner of Public Safety will suspend the person's driver's license for a period of 90 days. The Commissioner's determination may be reviewed by a court pursuant to Mississippi Code Annotated Section 63-11-25 within 10 days after the decision is rendered.
(3) If you take or don't take the breath test (and DO NOT have a valid driver's license) -
Under Mississippi Code Annotated Section 63-11-23(3), if you are a Mississippi resident and do not have a license or permit to drive a motor vehicle, then the Mississippi Commissioner of Public safety will not issue you a license or permit for 1 year after the 30 day notice is sent pursuant to Mississippi Code Annotated 63-11-52(2)(a).
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Every DUI case is different. The numbered sections above only summarize the Mississippi statutes on taking or refusing the breath test. If you find yourself in the unfortunate position of being accused of DUI in Mississippi or having your license suspended under the Mississippi Implied Consent Law, then please feel free to contact me to discuss your case or to make an appointment by e-mailing me at jamesbjustice@gmail.com or by calling my office at (662) 234-4747.
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