What happens if you refuse to take a breathalyzer test in Mississippi? What the law says
More than 150 Mississippi residents die each year in crashes that involve an alcohol-impaired driver.
And at least 10,000 are killed each year in the nation.
One of the biggest prevention tools in law enforcement’s arsenal is the breathalyzer.
Although the legal limit is 0.08% by law, millions of people still get behind the wheel and drive when impaired. To combat that, police officers use the breathalyzer to test those who they suspect have had too much to drink.
Although they aren’t 100% accurate, breathalyzers are a less invasive way police officers test for drunk driving. Other more accurate yet invasive ways to test are through a blood test or urine test.
So, can you refuse a breathalyzer test in Mississippi? And what happens if you do? We’ve broken it down for you:
Can you refuse to take a breathalyzer test in Mississippi?
Mississippi, like many other states, is an “implied consent” state, which means if you get behind the wheel, you are consenting to chemical testing for alcohol in your system.
If you do refuse the breathalyzer, you are breaking the law.
According to the Mississippi Department of Public Safety (the Driver Service Bureau), Mississippians who refuse to take a breathalyzer test will have their license suspended for 90 days. If you’ve already violated this law, your license will be suspended for a year.
So, why do some people refuse to take a breathalyzer test?
Well, if the person in question is sure they will blow over the legal limit, they may refuse to blow at all because of fear of an immediate DUI charge.
However, there are consequences for either route.
“Without test results, it will be more difficult for prosecutors to prove you were driving drunk. Though equally, by refusing the test, you are giving more weight to the state’s drunken driving charges under the pretense that you knew you were too drunk to pass the test, so you refused,” according to lawyers at the Hearn Law Firm.
Another reason some people refuse to take a breathalyzer test is because they aren’t 100% accurate. Here are some reasons why the breathalyzer can give an inaccurate result:
- Foreign Substances – Substances present in the mouth that contain alcohol can produce false positives because the amount of alcohol vapor they emit may be greater than the amount exhaled from the lungs. For example, some mouthwashes, breath fresheners, and toothache medicines contain alcohol and can skew readings.
- Calibration – Breathalyzers must be calibrated periodically and batteries must be replaced in order to maintain accuracy. You can read more about breathalyzer calibration online.
- Software – Breathalyzers run on special software, just as computers rely on operating systems, which can result in occasional bugs and glitches.
- Human Error – As easy as breathalyzers are to use, they still require some attention to detail.
- Consistency – To ensure accuracy, breath tests should be performed multiple times to produce a reliable result. Breathalyzers that utilize fuel cell sensor technology provide the most reliable and accurate results in repeated tests.
- Environmental Factors – False results can be triggered by the presence of paint fumes, varnish and chemicals such as plastics and adhesives.
What happens if you get a DUI?
If you take the breathalyzer test and officers find that you were too impaired to be driving, here’s what happens next:
Here’s a breakdown of the DUI offenses in Mississippi:
In Mississippi, for the first offense DUI, you could be fined up to $1,000 or face 48 hours in jail.
The second offense means a fine of up to $1,500 and from five days to six months of jail time.
The third offense comes with a fine of up to $5,000 and jail time of one to five years.
Have more questions? Comment below or email me at cmadden@mcclatchy.com
