Foreign nationals who are charged with driving under the influence are in a unique position. Unfortunately, generally speaking, DUI is a common crime; it is therefore a common charge among foreign nationals who reside in the United States. Unlike citizens of the United States, foreign nationals h...

There is much complexity involved in a DUI case should the offender be a non-citizen or foreign national. Unlike other crimes such as larceny and assault, DUI has a counterintuitive history in the realm of immigration law. This is because the crime does not usually include premeditation or an int...

Receiving a DUI charge already presents a challenge for individuals who are not familiar with criminal justice and court processes. An out-of-state DUI presents a more complex ordeal for DUI offenders depending on the distance between charging state and their home state as well as the unique laws...

Sobriety checkpoints are permitted in the state of Mississippi. Nevertheless, Mississippi has not made a formal ruling on sobriety checkpoints; Mississippi permits police officers to merely create roadblocks. In turn, police officers are permitted to stop those who attempt to evade roadblocks. Un...

DUI convictions can affect various aspects of a person's life. Depending on the level at which they are charged, the individual can be considered a felon and will lose certain rights. DUI convictions can impact one's employment status and the possibility of obtaining certain kinds of jobs in the ...

DUI-Related Traffic AccidentsDUI is a serious crime no matter the state in which it is committed. All U.S. states want to ensure that the penalties handed down against DUI offenders will punish and deter repeat behavior. Not only is DUI a socially disruptive offense, but also it is dangerous for ...

Receiving a traffic infraction as a result of a DUI has consequences beyond the fines and jail time doled out by the legal system. DUI can also affect your driving record. If you are at fault in a vehicle collision as a result of drinking while driving, your driving record will be affected. Anoth...

Driving under the influence is a serious offense. It can bring about serious accidents resulting in severe injuries and death. Given the dangers of DUI, individuals with commercial driver's licenses have even more responsibility to drive sober. With the skill required to obtain and maintain a com...

When a suspected DUI offender is stopped, law enforcement must confirm their cursory conclusion that the driver is driving under the influence of alcohol or another controlled substance. The factual confirmation solidifies the charge, which will heighten the likelihood that the suspected offender...

It is often that a DUI charge is not a simple, singular charge. A DUI charge can be accompanied by other tangential charges that spawn from surrounding circumstances. A DUI charge is considered aggravated depending on how egregious the act was and whether there was any harm stemming from the offe...

When law a enforcement officer stops a suspected DUI offender, the officer does not have free reign during the interaction. As many are aware, there are actions the officer can and can not take to affect the goals of the traffic stop. To be deemed a lawful stop, the officer must follow constituti...

Your DUI charge or conviction may be subject to self-disclosure or come to bear as the result of a background check. Generally speaking, an employer has the right to ask a job applicant or a current employee to disclose his or her criminal history. Similarly, as a condition of job maintenance or ...

A DRAM Shop Law is a little known type of statute that dictates whether the seller of alcohol is liable for any injuries caused by the patron. DRAM Shop laws are not widely known in the world of DUI charges and convictions. However, in the states that do permit the use of a DRAM Shop Law, it make...

A federal DUI offense is federal crime that occurs in a location that is under the auspices of a federal government entity. A state DUI charge and a federal DUI charge have many similarities. There is a Blood Alcohol Content (BAC) limit component and the offender must be operating a motor vehicle...

Not all DUI offenses end in a conviction. In fact, a large percentage of DUI charges are resolved by the plea bargaining process. Only a small percentage of DUI cases in Mississippi actually go to trial. There are various plea bargaining strategies an experienced DUI defense attorney will use to ...

A breathalyzer test (also known as a breath test) can make or break your DUI case. A breathalyzer that reads Blood Alcohol Content (BAC) as above the legal limit is a strong piece of evidence that the prosecution will yield in court to achieve a DUI conviction. Often times, a DUI offender can pas...

It is hard to imagine how impactful U.S. Supreme Court cases can be on your state court DUI case. Over the years, the U.S. Supreme Court has answered tough constitutional questions about intricate aspects of the law affecting court procedure and DUI law. These questions stem from evidentiary rule...

First-time DUI offenders have a number of ways of limiting the impact a DUI conviction has on their record. In Mississippi, first-time DUI offenders who are eligible can participate in the non-adjudication program. Many offenders opt for non-adjudication because at the end of a successful program...

Why Did I Receive Probation?Probation is one of the penalties imposed on DUI offenders. First-time offenders who are not involved in any traffic accidents and have not harmed anyone as part of the DUI offense are usually not subject to probation. What does the punishment of DUI probation entail? ...

A DUI defendant seeking to advance a DUI defense has a few available options. The crime of DUI is usually a straightforward case with relative ease in discerning guilt. Defendants who advance defenses fall in two categories - those who are culpable, but due to a constitutional defect, evidence mu...

A criminal penalty is the automatic consequence of a DUI offense. These penalties include a suspended license; installation of an interlock device; alcohol education courses; and even jail time. DUI offenders often do not think about the civil penalties that may flow from the offense in the form ...

The Standard Field Sobriety Test or FST is a battery of three tests performed during a traffic stop to determine driver impairment. The three tests that encompass the FST are the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand. The FST was developed in the 1970s as a scientifi...

Receiving a DUI conviction creates quite a blemish on one's record especially if the person is a first-time offender with an otherwise clean record. DUI penalties are designed to have a deterrent effect on the offender, but it also shepherds them toward recovery from alcohol abuse. The penalties ...

Sobriety checkpoints are permitted in the state of Mississippi as a matter of public safety. Sobriety checkpoints are established by police departments and state transportation agencies to combat DUI offenses. Given the connection to public safety, police officers do not need individualized suspi...

Yes, boating under the influence is a criminal offense. Those who are avid boaters are likely aware of this law governing public waters. It is indisputable that boaters (both passengers and drivers) occasionally enjoy alcoholic beverages while on the water. The issue arises when the person operat...