Can you refuse a 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.

Does Mississippi law require a driver to submit to a blood breath and urine test for alcohol?

Under Mississippi's implied consent law, drivers are required to take a breath, blood or urine test if they're arrested for a DUI. The evidence obtained in these tests is only admissible if the arrest was deemed lawful.

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Affidavit In support of Motion in Limine to Preclude any Evidence of...

Mississippi Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Q: Is Mississippi a zero tolerance state?

Under Mississippi&#039;s &quot;zero tolerance for minors&quot; law, it&#039;s illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of . 02% or more.

Q: Does Mississippi law require a driver to submit to a blood breath and urine test for alcohol?

Under Mississippi&#039;s implied consent law, drivers are required to take a breath, blood or urine test if they&#039;re arrested for a DUI. The evidence obtained in these tests is only admissible if the arrest was deemed lawful.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

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Instant download

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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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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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Under Mississippi's "zero tolerance for minors" law, it's illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of . 02% or more.

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.

The first offense results in a $250 fine and a 120-day license suspension and requires the offender to complete an alcohol safety program. The driver may also have to attend a victim impact panel. A third offense carries a $1,000 fine, a two-year license suspension (or until age 21), and requires treatment.

Under Mississippi's implied consent law, drivers are required to take a breath, blood or urine test if they're arrested for a DUI. The evidence obtained in these tests is only admissible if the arrest was deemed lawful.

You have no legal obligation to submit and may refuse them without legal penalty. The problem with submitting to these tests, even when you feel like you could pass them, is that you do not know what the officer is looking for and even if you ?pass?, the officer may still be inclined to arrest you for DUI.

Mississippi Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

Form popularity

FAQ

Is Mississippi a zero tolerance state?

Can you refuse a breathalyzer in Mississippi?

What is the law on drunk driving in Mississippi?

Does Mississippi law require a driver to submit to a blood breath and urine test for alcohol?

Are you required to take a field sobriety test in Mississippi?

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Mississippi Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Description

Related forms

Viewed forms

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

Form popularity

FAQ

Is Mississippi a zero tolerance state?

Can you refuse a breathalyzer in Mississippi?

What is the law on drunk driving in Mississippi?

Does Mississippi law require a driver to submit to a blood breath and urine test for alcohol?

Are you required to take a field sobriety test in Mississippi?

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