In part 1 of how to beat a Mississippi DUI I discussed whether the police had reasonable suspicion and probable cause to first detain someone and then arrest them for drunk driving.  Now let’s look at what happens after that initial stop and detention.

Did you submit to a breath or blood test? Many people think that they should take this test.  Perhaps they feel compelled because the police are telling them to.  Mississippi implied consent laws state that each driver has given his or her “implied” consent to be tested for alcohol if police have probable cause to believe they are impaired.  Because the police will tell you that although you have the right to refuse the test, you will lose your license for 90 days, drivers may feel that they should take the test in order to cooperate and not get in any more trouble.

Once issue to look at in breath or blood cases is whether that consent was valid.  Consent must be given freely and voluntarily, without threats or coercion.  If the facts and circumstances show that your consent was not validly given, that may be grounds to have the test results excluded.  This is particularly true if they took your blood without a warrant.  Legal tip: the U.S. Supreme Court recently called into question the process of warrantless blood draws.  Since then many such cases around the country have been thrown out.  If you were subjected to a warrantless blood draw, contact a Southaven DUI lawyer to discuss your case.

If your consent was valid, you must attack the breathalyzer or blood results themselves.  If it’s a breathalyzer, examine the calibration records of the machine.  Was the officer properly licensed?  Was he or she certified on that particular model or an older one?  Were you properly observed by the police prior to blowing into the machine?  If it was a blood test, the results must be carefully analyzed to see if there was any contamination in your blood sample, and whether that sample was properly handled.

Challenging a Mississippi DUI case starts from the moment the blue lights come on and involves a close analysis of many factual and legal issues.   If you’ve been arrested, contact Southaven DUI attorney Patrick Stegall.  Mr. Stegall can review your case and advise you of all your options.   Call him at (901) 205-9894 or send him an email to pstegall@stegall-law.com.

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