Mississippi DUI Attorneys
- Ashland
- Farese & Farese &
Farese:
In Mississippi and Tennessee, if you refused the breath test, your license is suspended for 90
days in Mississippi and 1 year in Tennessee. It is very important to obtain legal representation
as soon as you receive notification from the state that your license is suspended. There is only a
limited period to contest this administrative suspension, often 10 days or less.
- Batesville
- Jeff Padgett:
We understand that sometimes even good people can get
into trouble. That doesn't mean that they deserve
anything less than a full protection of their rights,
and unless the U.S. Constitution has been overturned,
(and we checked, it hasn't) a person charged with a
crime is still innocent until proven guilty. We'll
make sure you don't get railroaded.
- Biloxi
- Albert Pettigrew:
Give no statements and preserve the evidence as soon as possible.
Refuse the breathalyzer test if there is reasonable belief you won't pass.
Then go to a hospital emergency room or nurse as soon as you are released
to be examined and have blood tested for alcohol.
- Gulfport
- Wayne Woodall:
How Police Officers Determine Intoxication
Depending
on the state, officers are permitted to use a variety of tests to
ascertain intoxication. The types of analyses can be grouped into two
types - tests that require the suspect to actually do something (also
referred to as evidentiary tests), and tests where the suspect is not
asked to take any action by an officer (also referred to as preliminary
tests).
Evidentiary Tests Include:
- Blood sample
- Standing on one leg
- Touching nose
- Breath testing - blowing into tube
- Walk a straight line
- Horizontal gaze nystagmus test (HGN) - officer tests the amount of
eye-jerking in the suspect when an object is made visible to him or her
Preliminary Tests Include:
- Smelling of alcohol
- Unable to stand up straight
- Unable to walk properly
- Slurring speech
- Bloodshot eyes
- Poor or erratic driving
- Hattiesburg
- Hunter, Seth:
If you have been arrested for drunk driving, you may feel as though the sky is falling.
- Nicholas, Perot & Strauss:
Before hiring an attorney, ask if they are:
* Certified in Field Sobriety Testing
* Certified in Operating the Intoxilyzer Machine
* Certified in Intoxilyzer Maintenance
- Pamela
Castle: Should I take the breath test? Most attorneys will have a
difference of opinion on this question. You are the only one that can
decide this for yourself and particular situation. However, you should
know that you have the legal right refuse the breath test but that you
may suffer license suspension for 90 days or for 1 year as a result, in
addition to the penalties and suspension discussed above. Mississippi
law states that anyone who operates a motor vehicle has impliedly given
their consent to submit to the officer's request to take a test to
determine their blood alcohol if that officer has probable cause and
reasonable grounds to make such request. Your refusal will subject you
to forfeit your license or driving privileges. However, you do have a
right to request a judicial determination on whether or not your
license should be suspended pursuant to your refusal. Therefore, this
question is difficult to answer. If you take the test and "pass" you
are in a good position. However, if you take the test and "fail", you
have basically given the prosection your "confession" and although you
may have other defenses available to you, it would be best if the
prosecution did not have this information. Whether you submit to the
test or not, ALWAYS ask for a blood test and/or obtain one for yourself
immediately upon being released. The results should be provided to your
attorney and NEVER provided to the police willingly.
- Hernando
- James Franks:
Public perception categorizes people charged with drunk driving as
criminals, even before they have been convicted of any crime. Being
arrested for drunk driving, driving under the influence (DUI), or
driving while intoxicated (DWI) can be a stressful experience.
Penalties for this offense may include suspension or loss of license,
increased insurance rates, jail or prison time, probation, serious
fines, and a permanent criminal record. An experienced criminal and DUI
/ DWI defense lawyer can make a great difference in the outcome of your
case.
- Jackson
- Gulfport
- Coxwell & Associates:
A DUI charge that at first glance seems hopeless can often abound with
factual or constitutional defenses. For example, the officer may have
made an unconstitutional stop; a brief investigatory detention to check
a driver's license may exceed its lawful scope; an unconstitutional
roadblock may have been conducted; improper field sobriety tests may
have been administered; the officer may have given the tests
improperly, etc. The list goes on and on.
- Laurel
- Robertson, Kyle:
When you have been charge with criminal wrongdoing, it is critical to have someone on your side that understands how to achieve the most favorable results possible for your case.
- McComb
- Brewer Law Firm:
Like many other states, Mississippi has an “Implied Consent Law.” This
collection of statutory provisions details the law as it relates to driving under
the influence (DUI) of alcohol or any other substance that can be proven to
impair one’s ability to drive.
Our DUI statute is called an “Implied Consent Law” because the Mississippi
Legislature determined—in light of the high rate of DUI-related accidents,
injuries and deaths—when an individual accepts the privilege of holding a
valid state-issued driver’s license and operates a vehicle on the roads and
highways of the State of Mississippi, they agree to take a breath, blood or
urine test if a law enforcement officer has probable cause to believe they are
impaired by any substance while operating a vehicle. It is not a crime to
refuse to take any test(s) at an officer’s request; however, if an individual
refuses to take the test (for blood alcohol content only), the State Department
of Public Safety will suspend an individual’s license for a designated period of
time.
Specifically, with regard to drinking and driving, Miss. Code Annotated ¤ 63-
11-5 states:
"Any person who operates a motor vehicle upon the public highways, public
roads and streets of this state shall be deemed to have given his consent . . . to
a chemical test or tests of his blood, breath or urine for the purposes of
determining alcohol concentration."
The same statute says it is illegal to drive under the influence of “any other
substance which would impair a person’s ability to operate a motor vehicle.”
This is important to note because most client’s believe that a DUI can only be
given for being under the influence of alcohol or illegal drugs. In reality, in
Mississippi a DUI can be given to an individual who willfully drives or
otherwise operates a motor vehicle while:
a. Under the Influence of Intoxicating Liquor; or
b. Under the Influence of Any Other Substance which impaired such
person’s ability to operate a Motor Vehicle; or
c. Having an Alcohol Concentration of .08 or more if the individual is
over twenty-one (The limit for those who are under twenty-one is .02 and the
limit for someone operating a commercial vehicle is a .04); or
d. Under the Influence of Any Illegal Drug or Controlled Substance
(These substances are listed in the Mississippi Controlled Substances Law).
Pursuant to the statute, a person in Mississippi can be arrested, charged and
convicted for driving after consuming alcohol, illicit drugs, prescription
medication or any other substance—if the state can prove that the substance
impaired the individual’s ability to drive. If a person submits to the breath
test, the state can convict an individual of DUI without proving that the
individual’s driving was impaired to any degree—as long as the individual
registers at or above the legal limit on a breath, blood or urine test and the
state can prove that the test was properly administered by a qualified
individual. According to the law, if an individual is above the limit
they are DUI—period. On the other hand, if an individual does not take the
test, the state must prove that a some substance(s) actually impaired the
individual’s ability to drive.
- Oxford
- Gregory Kudela:
Being charged with a criminal offense is often frightening, even if it
is not the first time you have had to deal with the criminal justice
system. You may not know anything about the law in the area, or
about the procedures at the district court.
- Pascagoula
- Keith Miller:
The Fifth Amendment of the U.S. Constitution provides that no persons
shall be compelled to be a witness against himself..." This guarantee
also applies to the states and has been interpreted to mean that
individuals have a right to be free from giving self-incriminating
testimony, including statements to police while in custody. The right
to be free from self-incrimination forms the basis for other liberties
such as the Miranda rights to remain silent and to an attorney. In
order to be entitled to be read their Miranda rights, the individual
must be in custody of and about to be interrogated by the police.
However, even where Miranda rights are required, several exceptions
exist rendering Miranda violations by police inconsequential.
- Starkeville
- Rodney Favor:
The information provided herein cannot substitute for consulting with
an attorney who is knowledgeable in Mississippi and Florida law.
- Tupelo
- Nickels & Weddle
Did You Know?
- That
it is not illegal per se to drink and drive in Mississippi
- That
you are not required by law to take any so called field sobriety
tests
- That
you do not have to tell the officer if you have been drinking
- That
you should always ask to speak with your attorney prior to being
tested on the intoxilyzer - it may be in your best interest to
refuse the test
- The
best defense to a charge of D.U.I. is an aggressive attorney acting
as your advocate every step of the way
Brought to you by Colorado DUI Drunk Driving Defense
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