The police can request that you submit to a chemical test of your breath, blood or urine only when they have reasonable grounds and probable cause to believe: (1) that you were driving, or had actual physical control of, a motor vehicle; (2) that you drove or controlled the vehicle upon a public roadway; and (3) that you were under the influence of alcohol or another substance at the time you drove or controlled the vehicle. See Mississippi Code Annotated Section 63-11-5.
If the police cannot prove all three of these things, you are under no obligation to provide a breath or other sample. Also, if these elements are not proven, your license cannot be suspended for refusing the test.
As an aggressive Mississippi DUI defense attorney, I fight hard to protect and defend people who have been charged with DUI as a result of refusing the test. If you’ve been charged with DUI, please call me today at 601.944.1984 to discuss your case.
Mississippi Criminal Defense Attorney Curt Crowley