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  • cartoonYour automobile can only be lawfully stopped by an officer if he/she has a reason to believe that you are breaking the law (i.e. a tail light out, running a stop sign, speeding or driving recklessly.)
  • After a lawful stop, an officer can ask you for identification and/or your license.
  • If an officer asks you if you have been drinking, if you have been, you are not required to and should not answer.
  • You may be asked to take a test at the time and place you are stopped (i.e. stand on one foot, count backwards, etc.) You are not required by law to perform such tests and should refuse to do so.
  • A breath and/or chemical test may be offered to you by the officer at the scene or at the police station.
  • You may refuse to take the test and should refuse to do so if you have been drinking within the previous 48 hours.
  • Do not attempt to judge your own level of intoxication when deciding whether or not to take a breath test.  The average person is always wrong.


  • cartoonIf you are arrested, do not argue with the police officer.
  • Do not talk to anyone at the scene or in the jail about your case.
  • Ask the police officer to allow you to call a friend to drive your car home or to make a call to another person concerning your car.  (Towing services that are called by the police may damage your car and/or charge excessive fees.)
  • Call a bonding company or a friend to bail you out of jail immediately.
  • Ask for a receipt for any property taken from you.
  • A police officer may tell you that refusal to take the test will result in your license being suspended for 90 days.  That may or may not be true, but is not a basis for taking the test if you have been drinking or taking medicine within 48 hours.
  • If you are injured, request your own doctor and refuse to give a blood sample to police.
  • Do not ride in an ambulance called by police if you are able to go to your own doctor without help.


  • after releaseAfter your release, immediately speak to a friend or any witnesses who can testify as to your condition upon release from custody.
  • Make a list of witnesses to be called later if needed and record all you remember about the events that have occurred.
  • If you feel that you were not legally intoxicated, immediately go to a private doctor or clinic to obtain a blood alcohol test.
  • Contact an experienced attorney as soon as possible.


Vick & Associates
Attorneys at Law
125 South Congress Street, Suite 1240
Jackson, MS 39201

(601) 355-5100 • (800) 256-5179
Fax: (601) 355-2384
Contact Us: legalhlp@bellsouth.net

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