The Mississippi implied consent law states that anyone who has a Mississippi or out of state driver’s license who is driving or operating a motor vehicle on the public roads and streets in Mississippi has automatically given implied consent to be tested by the police for alcohol, to determine if the driver is under the influence.

The police must have reasonable grounds and probable cause to believe the driver is impaired, and this usually doesn’t require much more than basic sensory observations such as slurred speech, bloodshot eyes, and an odor of alcohol.

You have the right to refuse the test, but then if you do that you face an automatic suspension of your license for 90 days if never previously convicted of DUI.  If you have a prior conviction, the suspension will be for one year.

Understand that the refusal is a separate process than the DUI.  It is a civil forfeiture, not a criminal charge.  You can’t go to jail for refusing to take the test, but if you refuse and beat the DUI you still lose your license.  Implied consent is all about gathering evidence.  The state wants as much evidence as it can get to prosecute you for DUI, and it uses the threat of taking away your license to get it.

Implied consent is just one of many areas of Mississippi DUI law.  If you’ve been charged with this offense and are worried about losing your license, contact Olive Branch DUI lawyer Patrick Stegall.  Mr. Stegall can review you DUI to see if the state can prove its case, and can also assist you in the administrative process of getting your license back.  Please call him at (901) 205-9894 or email to pstegall@stegall-law.com.

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