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Can my son be charged DUI if the officers did not give him a breathalyzer test

Decatur, MS |

the officers told him it was not working

Attorney Answers 3


Interesting. Must be a small agency as most law enforcement agencies have more than one breath machine. The other curious thing is why they did not then ask for a urine or blood test. Most state statutes allow an officer to make an arrest if they believe the operator is under the influence to the extent his/her normal faculties are impaired. Meaning, in the officer's opinion this person was impaired at roadside. The charges may go forward if there is enough evidence to substantiate the officer's opinion. However, a good defense attorney will have a field day with the cop as to why alternative tests were not provided. On its face, sounds like a great case in front of a jury.

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Victor Wallace Carmody Jr.

Victor Wallace Carmody Jr.


this answer shows no understanding of Mississippi DUI practice,as an example Mississippi does not have jury trials on DUI first offenses,and the officer does not have to allow any other blood or urine test.


Having defended literally thousands of DUIs in the state of Mississippi, I can tell you that officers will arrest anyone for DUI at a moments notice. They'll do it without a "test" of any kind.

You'll definately need to hire an attorney to get this resolved. The punishment for a DUI-1st is typically about $900 in fines, $150 to MASEP, $125 to MHP for license reinstatement, $300 a year for 3 years for SR22 insurance. On a 2nd offense, it gets a lot worse.

The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an attorney should be taken only after careful consideration. Jeff Padgett's profile and any answers to questions given is strictly for the purpose of advertising his services.

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Officers in Mississippi do not need an Intoxilyzer 8000 test result to charge your son for DUI.The DUI ticket allows the officer to bring a charge based on his observations(slurred speech,lack of coordination,smell of alcoholic drink,ect.);impairment based on legal drugs(Dr.'s prescriptions);flunking a breath test;or impairment based on illegal drugs.Did the officer have your son perform field exercises?If so this is evidence that the officer will use in court to help prove his case.Please also understand that a charge is not a conviction,and your son's case can be defended ,so please contact a DUI Attorney today.

Victor Carmody

Board Certified DUI Attorney

Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the... more Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the applicable Mississippi Rules of Professional Conduct

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