Double suspension for a DUI?

When a person chooses not to give a breath sample after an officer asks them for one during a DUI stop, that is called a "refusal." And lawyers and judges frequently call this specific type of DUI a "DUI refusal."

A driver has an absolute right to refuse to give a breath sample, but deciding not to give a breath sample has its own consequences. Even though the refusal keeps the prosecution from having a scientific measurement of the amount of alcohol present in your blood, the law allows for a special type of drivers license suspension for people who refuse to blow.

This suspension as a result of a refusal is an administrative license suspension. An official from the Mississippi Department of Public Safety will review the officer's report to determine whether there was probable cause to ask the driver for a breath sample in the first place. If the DPS official finds there was probable cause, then the driver will be notified that their license is to be suspended at some date in the near future. (Hint: they always find that the officer had probable cause to ask for the breath sample.)

Importantly, this administrative suspension is in addition to any suspension that happens after actually being convicted of DUI. 

There are ways to fight back against the administrative suspension, but you must act quickly, and it is always best to contact a DUI attorney as soon as you can after the DUI is issued. Don't wait until you receive a letter from DPS telling you that your license is going to be suspended. You do have a right to appeal that decision from DPS, but the time to do so is extremely short (10 days from the date of the letter, not from the date you get the letter).

So if you've been charged with a DUI in Mississippi, call us immediately so we can begin helping you. The longer you wait, the more likely you are to face the possibility of a double suspension.

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