What Happens If I Refuse Blood Or Breath Test?

What Happens If I Refuse Blood Or Breath Test?

It Depends


It depends on what kind of license you have in Mississippi. If you have just a regular driver’s license, you lose your license for 90 days through an administrative suspension. Then they send a letter to the address on your driver’s license, and you have 10 days from the date of that letter to file a petitioner of breath test refusal in the county court, if your county has one, if not, then it’s the circuit court. Then a hearing is held to determine whether or not you actually refused a breath test.

Commercial Driver’s License (CDL)


If you have a commercial driver’s license, you’re not looking at a 90-day suspension, you are looking at a one-year suspension, which is career ending in some circumstances. There’s no in-between ground. If you have a commercial driver’s license, you will be out of a license for one year. If you have a regular license, there’s a chance that we can get you an interlock restricted license, which is where you have to blow into it to get your car going. Then you have to blow in it two minutes later. After the administrative period has passed, you can have your license reinstated.