Duncan | Kent, PLLC

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Aggressive Representation After A Breath Test Refusal

If you refuse to submit to a breath test following a DUI arrest in Mississippi, you will lose your driver’s license. This suspension is not permanent, but could be avoided if you contact an attorney soon enough after your arrest. The license suspension based on the Breathalyzer refusal is separate from any license suspension you could receive if you are ultimately convicted of DUI.

If you were stopped on suspicion of drunk driving and you refuse to take the Breathalyzer test, your driver’s license will be automatically suspended administratively. To prevent this suspension, you should hire an attorney as soon after your arrest as possible to contest the administrative suspension.

What To Expect

It is important that you pay close attention to the mail that is delivered to the address on your license if you have refused the Breathalyzer test. A letter will be sent to that address and you will have just 10 days to contest your license suspension.

People who refuse the Breathalyzer test are often under the mistaken belief they are guilty due to their refusal. The refusal of a Breathalyzer test does not make someone guilty of any criminal offense in Mississippi. Before being found guilty of DUI (even if the Breathalyzer test is refused), there must be proof beyond a reasonable doubt. The attorneys at Duncan | Kent, PLLC, will explain the procedures involved following a Breathalyzer test refusal and advise you on how to proceed in protecting your best interests.

Committed Breath Test Defense Attorneys

The attorneys atDuncan | Kent, PLLC, can help you apply for a hardship license that will reduce your license suspension. To obtain a hardship license, you must:

  • Attend the Mississippi Alcohol Safety Education Program (MASEP)
  • Show examples of hardship, including education, employment and medical needs
  • Obtain SR-22 insurance

These steps can seem confusing and frustrating without the help of a knowledgeable attorney. Our lawyers carefully explain the legal process to our clients as we strive for results that serve their best interests. We will examine the circumstances surrounding your arrest and subsequent breath test refusal to determine if your rights were protected throughout the process.

Contact Duncan | Kent, PLLC, For A Free Initial Consultation

To speak with our Jackson breath test refusal attorneys, call our firm toll free at 800-445-3564 or email us. Phone calls are returned promptly. We are conveniently located on Highway 51 in Ridgeland, Mississippi, just outside of the state capital. Evening and weekend appointments are available as needed.