The stop and arrest are important in a DUI case. Anyone suspected of DUI is asked to do a field sobriety test. However, in many states, the driver does not have to cooperate. Nonetheless, the driver is required to submit to a chemical test. And, failure to consent to this test has ramifications. Owning a driver’s license in many states means the person agrees to implied consent laws. This law mandates submission if the officer suspects one is impaired due to alcohol or drugs.
A 90-day license suspension is part of the punishment for people who fail the test. The officer gives the driver a temporary permit to use until the court case is resolved. However, people who refuse get a statutory suspension. When this happens, it is a good idea to get a DUI Attorney in Hattiesburg MS. Look for attorneys online and browse our website to learn more. In many states, including Mississippi, the government sends out a letter to people who refuse the test. The letter is a formal notice of a pending license suspension. The attorney must file a petition to fight the suspension within ten days of the letter’s postmark. Unfortunately, your license will be suspended if the deadline is missed. The suspension will be upheld if the Judge finds probable cause for the test request.
Afterward, the DUI Attorney in Hattiesburg MS must handle the criminal case. In Mississippi, a first DUI is treated as a misdemeanor. The judge can sentence the defendant to 48 hours in jail. However, the attorney can convince the judge to order fines in lieu of jail time. The fine for a first offense can be up to $1,000. Also, first-time offenders are required to pay for and attend DUI school. The state is particularly hard on DUI offenders under 21. The defendant loses their license for 90 days. In addition, the fine is $250 plus mandatory attendance at DUI school. Two DUI’s within five years means the license is suspended for a year. Finally, a third DUI within five years means a suspension for two years or until 21, whichever is longer. Serious consequences are designed to stop people from drinking and driving.
