Mississippi DUI Attorney and Lawyer for Drunk Driving
DUI refers to driving a motor vehicle while under the influence of alcohol or any other substance which impairs the human ability to operate a motor vehicle. Mississippi DUI Law provides that a first or second DUI offense, occurring within five years of each other, remains a misdemeanor.
However, Felony DUI is a third DUI charge within five years of having been convicted of two previous DUI charges. Mississippi Law provides that blood alcohol content (BAC) must be .08% or greater for persons 21 years of age and older, and .02% for persons under 21 years of age (zero tolerance).
Mississippi’s Implied Consent Law provides that when a person applies for a drivers license and operates on the roads of Mississippi, the driver thereby gives his implied consent to a test of blood alcohol content upon being lawfully stopped by authorities.
If the driver refuses the test, the driver can still be charged with DUI. A refusal causes the Department of Public Safety to suspend the operator’s driver’s license and this is in addition to any penalties the driver may receive upon conviction of DUI. Therefore, a DUI test refusal causes two separate problems for the driver, a criminal DUI charge and a civil driver’s license suspension. The driver’s license suspension for a DUI refusal can be contested but a vary narrow deadline for the contest is provided.
It is possible for a person to be found not guilty of DUI but nonetheless sustain a driver’s license suspension because of refusal to take the test.
If you or someone you know has been charged with DUI, it is critical that a trained and competent DUI attorney be retained in order to interview witnesses, gather evidence, conduct tests, and conduct other important actions, all of which could play a vital role in DUI defense. Early DUI defense work cannot be underestimated.
Possible defenses against DUI charges and Drunk Driving charges can include proof that the driver was in fact not intoxicated, proof that the intoxication level was not over the legal limit, proof that the police lacked probable cause to stop the motorist, insufficient evidence, and factually proving innocence.
Possible penalties for a DUI conviction can be jail time, loss of driving privileges, forced attendance at alcohol education program, ignition interlock on vehicle, required counseling, and a range of other penalties. Anything you say can be used against you in court. Do not discuss the matter with any person until you’ve talked to the Law Offices of Attorney John R. Reeves, P.C., an informed Mississippi DUI Attorney and Lawyer for Drunk Driving.
Please contact us to arrange for a confidential consultation with Mississippi DUI Attorney and Lawyer for Drunk Driving.