Can you refuse breathalyzer in Mississippi?

Refusing the breathalyzer test is a violation of the law, which will result in an automatic 90-day suspension of your driver license, even if you aren't later convicted of a DUI. You have 10 days to contest this suspension in a test refusal hearing, which isn't much time.

What shows up on breathalyzers?

A breathalyzer test measures BAC, which reflects the percentage of alcohol in a person's blood. Authorities can use BAC levels to gauge a person's level of intoxication. Following alcohol consumption, the body absorbs this chemical through the stomach lining into the bloodstream.

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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Mississippi Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Ethanol and Energy Drinks The alcohol concentration in these beverages is negligible; nowhere near high enough to classify them as an alcoholic beverage. However, reports of false positives in DWI breath-testing have been common since these drinks' popularity has skyrocketed.

Some foods may encourage a breathalyzer test to give inaccurate readings. For example, pecans, ripe fruit, energy drinks and protein bars may mess with the test. Further, if you have acid in your stomach from eating a spicy meal, you may not be able to rely on the accuracy of the breathalyzer test.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

Refusing the breathalyzer test is a violation of the law, which will result in an automatic 90-day suspension of your driver license, even if you aren't later convicted of a DUI. You have 10 days to contest this suspension in a test refusal hearing, which isn't much time.

So, what besides alcohol can set off a breathalyzer and trigger a DUI/OVI charge? Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

A breathalyzer test measures BAC, which reflects the percentage of alcohol in a person's blood. Authorities can use BAC levels to gauge a person's level of intoxication. Following alcohol consumption, the body absorbs this chemical through the stomach lining into the bloodstream.