10 Things You Should Know About Mississippi DUI's-Day 7

Thank you all for continuing to read. Hopefully, these tips have been informative. Here's number 7:

7. To Take a Breathalyzer or Not, That is the Question. . .

If you are arrested for a Mississippi DUI, once you get to the police station the police will try to sit you down and ask you a bunch of questions. Again, do not answer these questions. Just tell them you would like to remain silent. This is important because the questions start out very innocently asking for your personal information and eventually ask about your arrest, the amount of alcohol you have consumed, and similar questions that elicit information that will be used against you later. This is where you want to request to speak to an attorney. They may or may not let you do so at this time. If they don’t, sit tight because in a short amount of time they will have to give you access to an attorney.

After the police ask you those questions, they will then ask you to take the the breathalyzer test. Before giving you the breathalyzer, however, the police have to run you through a laundry list of checklists and procedures they are required to do under the law. Once they are done with these checklists, they are going to ask you whether or not you want to take the breathalyzer (remembering that if you refuse you face some harsher penalties, including a longer driver’s license suspension for violation of Mississippi’s Implied Consent Law). At this point, you only need to say one thing “I’d like to exercise my right to speak with a lawyer.” When you do this they have to let you speak with an attorney, which does a couple of things: first, it buys you a little more time before you have to take the breathalyzer; second, it allows you to speak with a legal professional about your options – whether or not you should take the breathalyzer; and third, it gives you an eyewitness other than the police that can speak to your level of sobriety, including whether or not your speech is slurred, your ability to comprehend the situation and speak coherently. Take advantage of this opportunity and demand to speak with an attorney.

Whether or not to take the breath test is a tough decision that will depend largely on the facts of your case, your specific personal situation, and your options once your license is suspended. Deciding whether or not to take the breathalyzer should not be made without speaking with a Mississippi DUI lawyer. Make sure you get to talk to someone before you make a decision.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.