Can I Appeal To Get My License Back After Refusing a Breathalyzer?
How to appeal your suspension at a test refusal hearing in Mississippi
By S.M. Oliva | Last updated on January 19, 2023Use these links to jump to different sections:
Getting pulled over on suspicion of drunk driving is a scary experience for many Mississippi residents. Even if you know that you did nothing wrong, an officer may still ask you to take a chemical test such as a breath test to determine your blood alcohol concentration (BAC) level. Your first instinct may be to say “no,” but you need to be aware of the consequences of refusing a breathalyzer test.How “Implied Consent” Works in Mississippi

The Review & Appeal Process for Breathalyzer Refusal
If you refuse a chemical test, the officer will take your driver’s license immediately and give you a receipt that allows you to continue driving temporarily while your case is under review. The officer will then make a formal report to the Mississippi Department of Public Safety, which has jurisdiction over administrative driver’s license suspensions. Again, it is important to note an administrative suspension is separate from any consequences you may face if later convicted of DUI. The Department only needs to find there was “probable cause” for the arresting officer to suspect DUI, that the officer requested a chemical test and you refused, and that you received proper notice that your license would be suspended as a consequence of said refusal. If the Department upholds the suspension, it will send you a written notice to that effect. Your suspension, whether for 90 days or 1 year, will begin 30 days after the notice is issued. But within 10 days of the Department’s decision, you have the right to file an appeal with your local circuit court. A judge will then hold a hearing, without a jury, at which time you can present evidence and cross-examine the arresting officer. You cannot appeal to the circuit court, however, if your license is suspended as the result of a criminal DUI conviction. If you’d like assistance, consult with a reputable DUI attorney. If you’d like more general information about this area of the law, see our DUI/DWI law overview.What do I do next?
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