When you are stopped by an officer. The officer is required to appropriately make the stop also known as probable cause. The Officer is also required to appropriately make the request for the breathalyzer test. The procedure begins when the police officer has reasonable grounds and justification to believe the driver has been operating a motor vehicle while under the influence of alcohol, drugs, or any substance that impairs that person’s ability to operate a motor vehicle. If an individual refuses to take a chemical test or breathalyzer, the officer must inform them that their driving will be suspended for a set period of time if they fail to pass.
When someone declines to take a Breathalyzer test, the officer should demand that they surrender their license. The individual automatically loses their license after refusing a Breathalyzer test. The officer will provide the driver with a receipt for his license. The receipt shows which test was offered (breath, blood or urine) and the test was refused. The document will also indicate that the individual should have his or her license status checked after 45 days to find out whether or not it is suspended. The document also contains a statement by the officer providing the probable cause and a statement signed by the officer.
When you apply for a permit, the employee will forward your application and proof that you can get a license to be granted one to the commissioner of public safety. The Commissioner’s method of notification is established in Miss. Code Ann Section 63-1-52.
You may then have an administrative hearing about whether or not the stop you were involved in had probable cause for happening, the refusal of testing and the procedure in which they attempted to get you to do a test. If your license is suspended at the administrative level, you may appeal. If a driver refuses to take a breath, blood or urine test on the public road they will be sent a suspension letter. They have 10 days from the date of the letter to file a lawsuit against the Commissioner of Public Safety in order to contest their suspension. If you want to dispute the suspension of your license, then you should be aware of certain procedural requirements that must be met. For example, if you keep the letter and envelope from the post, it may give you more time to file. This gives you proof of the date the letter was postmarked rather than the date on the letter. It’s easier to solve these issues with a lawyer around.
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