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Admission of Evidence of DUI in Mississippi

(1)    Field Sobriety Tests:  The prosecution will call the arresting officer as a witness and the officer is allowed to testify about the defendant’s performance on field sobriety tests.  The officer can say whether the performance is consistent with being under the influence of alcohol, but the officer may not testify to the defendant’s specific BAC based on these tests.

(2)    Portable Breath Test (PBT):  A PBT is a hand-held device that officers will usually ask a driver suspected of DUI to blow into.  The device displays a BAC number.  An officer may testify whether the driver tested positive for alcohol, but he may not testify as to the specific BAC number.

(3)    Blood, Breath, or Urine Tests:  If you are placed under arrest for DUI in Mississippi, you will be brought to the local Sherriff’s Office or Police department and asked to provide a breath sample by blowing into the Intoxilyzer 8000.  In general, blood or urine tests will not be requested by the officer unless he suspects the driver was under the influence of drugs.   The Intoxilyzer 8000 is not the same as the PBT.  There is no penalty for refusing to take a PBT, but if a driver refuses to blow into the Intoxilyzer 8000 his driver’s license will be suspended for 90 days for a first DUI or one year for a repeat DUI offense.  If the driver refuses to submit to a chemical test, the officer may testify to this in court.  The results of an Intoxilyzer 8000 test are admissible in court.


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