Refusal to Blow and License Suspension

In Mississippi a driver may have his/her license suspended as a result of refusing to “blow” when suspected of driving under the influence (DUI).  In the event you find yourself pulled over and facing a breath test to determine your blood alcohol level, your refusal will result in your license being administratively suspended. Similarly, if you are convicted of DUI you will lose your license for a period of time.

The reason for a possible license suspension even without be convicted is “implied consent.”  According to Mississippi law, every driver has given “implied consent” to have their blood alcohol level checked if suspected of driving under the influence. As stated in previous posts, police must have “reasonable grounds and probable cause” in order to subject you to a breath test.  If you refuse to take the test the Mississippi Commissioner of Public Safety,  may determine that your license will be suspended.  Prior to your license being suspended you must be given notice that your license will be suspended 30 days from the date of such notice.

For many having your license suspended can be devastating.  With the help of a criminal defense attorney it is possible to have your license suspension put on hold until after a trial on the criminal charges you are facing.