The police collect evidence when charging drivers for drunk driving. One common form of evidence is a driver’s blood alcohol content (BAC). BAC refers to the amount of alcohol in a driver’s body. In Mississippi, a driver is automatically considered inebriated if their BAC level is 0.08% or higher. As a result, a driver can face a “per se” drunk driving charge, where intoxication is a matter of law — regardless of their apparent ability to drive.
Typically, a driver’s blood alcohol content is determined via breath testing, and many drivers wonder if they have the right to refuse such tests, feeling that they are invasive.
What are the consequences if you refuse a breath test?
When a driver receives their driver’s license, they agree to implied consent laws. This is an important law to know when the police ask a driver to take a chemical test, such as a breath test, during a traffic stop. Drivers who refuse to take a chemical test face automatic punishments, including fees and a suspended license. A 90-day license suspension (or a year, if you have previous charges) will occur, and your refusal can be used as evidence in your drunk driving case by the prosecutor as proof that you knew you were guilty.
What are your rights during a traffic stop?
Drivers still have rights during traffic stops. Drivers can refuse to perform field sobriety tests, which are physical tests to determine whether a driver is inebriated. Furthermore, drivers have the right to remain silent during traffic stops. This means that drivers can refuse to say anything to the police that may be used against them in court.
If a driver believes their legal rights were violated during a traffic stop or are facing a drunk driving charge, they may need to reach out for professional legal guidance.
