Frequently Asked Questions About DUI
5.	What are the ramifications of refusing to take the intoxilyzer test?
Mississippi uses the CMI intoxilyzer 5000 chemical testing machine. Under current law you may refuse to take the intoxylizer test but you then subject yourself to a driver's license suspension for that refusal. Our law states that anybody who operates a motor vehicle upon the public highways, public roads and streets shall be deemed to have given his/her consent to a chemical test or tests of his breath for the purpose of determining alcohol concentration. A person gives one's consent to a chemical test or tests of one's breath, blood or urine for the purpose of determining the presence of any other substance which impairs a person's ability to operate a motor vehicle. A person's license may be suspended for a refusal to submit to the test if they were driving on public roadways. When a person is driving on the public roads and refuses to take the intoxilyzer test, their license will be suspended for 90 days if the person has no prior DUI convictions and for a period of one year if there is a prior DUI conviction. This is not a criminal suspension or conviction. This is a civil remedy for failing to submit to the test. The question of whether or not to submit to the test is difficult. If a person has been drinking a lot and they fear that they will show a high blood alcohol content (BAC), then their taking the test may arm the prosecutor with strong evidence. If a person has a commercial driver's license or because of their job situation cannot stand even a 90 day suspension, then they may be better off to take the test, hope for the best, and not get the automatic suspension that comes with the refusal. Remember that the test result is evidence of DUI but it is not absolute. There may be a way for your case to be won even with a BAC result greater than .10%. If you cannot withstand the criminal DUI conviction, then you have a different set of circumstances to look at. If you have had a lot to drink and fear that the test result will show a BAC greater than .10%, then denying the prosecutor may be the best option.