Certain DUI charges can come about while a defendant is outside of a moving vehicle. The idea of being charged with a DUI while not not driving may seem only limited to parked car DUIs. However, if an officer making the charge has probable cause and enough evidence to conclude that a defendant wa...
Getting charged with DUI can be a quite scary time, especially those who are first-time offenders. The individual charged with a DUI will experience a different process depending on the circumstances surrounding the DUI charge and the amount of previous DUI charges the individual has on record. T...
A criminal conviction is likely detrimental to your U.S. immigration status. With respect to a DUI, there are three main consequences of conviction for non-citizens — deportation, denial of admissibility into the United States, and denial of citizenship. These consequences arise depending on the ...
DUI involves driving a vehicle while under the influence of a controlled substance. However, law enforcement officers are responsible for detecting other kinds of DUI offenses that place others at risk of injury or death. Lesser-known DUI offenses include parked car DUI, drunk while boating, and ...
Some people are familiar with drug related DUI offenses including DUI as a result of the use of marijunana or even a narcotic. There is not, however, much law on prescription drug DUI. This is an inherently contentious area because of the intentionality factor. It is also less straightforward tha...
For the past five years, Mississippi lawmakers have sought to reform and strengthen the state's DUI laws. These efforts include a penalty scheme that exacts harsher punishment for repeat offenders in addition to other directives to encourage the use of ignition interlock systems instead of licens...
Employers can lawfully request that job applicants complete a criminal background check that is contingent to the job offer. This is lawful. However, job applicants who have been convicted or charged with a DUI should be knowledgeable about which records the potential employer can and cannot use ...
Drunk drivers are, in theory, easy for law enforcement officers to detect because these drivers usually drive erratically. Even though people in the act of DUI are easily detectable, some of these stops by law enforcement are still unlawful. The unlawful nature of a DUI stop can rest in the offic...
Facing a first-time DUI conviction can be a scary process for individuals who have never been through the criminal justice system. Defendants should be aware of some of the penalties and that come along with being a first-time DUI offender in the state of Mississippi. An experienced DUI attorney ...
The criminal consequences of a DUI conviction is not the end of the legal process for defendants involved in serious DUI cases. Depending on the injury and/or damage to property victims of the DUI have faced, the defendant may face civil penalties. DUI cases that involve a defendant driving intox...
Mississippi recognizes driving under the influence of alcohol as a chargeable offense for minors. Minors in Mississippi are defined as people who are under the age of 18 years. Unlike the adult DUI rule, minors can be convicted of a DUI with blood alcohol content (BAC) of .02% to .08%. The BAC fo...
In Mississippi, certain DUI offenders have the opportunity to start on a clean slate. They can “expunge” their DUI conviction if they meet certain conditions. There are many benefits to getting a DUI charge expunged from one's record, including employment, educational, and housing opportunities. ...
First-time DUI offenders will often take a look back on their DUI arrest and bail process to verify that there were no mishaps that would raise legal redflags. For individuals who have never been arrested and do not have a legal record, an understanding of these processes becomes even more import...
One of the penalties a convicted DUI offender will receive is a suspended license. The basic duration of a suspended license is 120 days for first offenders with no aggravating circumstances linked to the case. However, the more prior DUI convictions and/or the more serious the offense, the longe...
In a large number of cases, DUI charges are handled in a pseudo-administrative realm. The charged individual is cited and given a court date. At the hearing, the charges are read and pleas are made. For first offenders without any aggravating circumstances, the charge is classified as a misdemean...
Mississippi and many other states have adopted a law that seeks to ensure that suspected DUI offenders will provide physical evidence to aid in their exoneration or conviction. When an individual is suspected of driving under the influence, a law enforcement officer will perform one or two tests ...
When the general public thinks of a DUI, they usually think of a drunk person operating a vehicle on a road. However, this is not always the case. In Mississippi and in many other states, DUI can consist of a drunk offender sitting in a parked car, it can consist of an offender who is boating und...
The Prohibition Against Excessive Fines The Eighth Amendment is the constitutional prohibition against excessive bail, fines, and cruel and unusual punishment. The amendment is better known when it is mentioned in discussions to do with the death penalty and issues surrounding lengthy jail sente...
There are a number of processes that occur when an individual has been arrested or detained for a DUI offense. If the driver is alone in the vehicle after being found to be under the influence of alcohol, law enforcement will not permit the offender to drive the vehicle. Instead, the vehicle will...
Mississippi boasts over three military bases with Camp Shelby in Hattiesburg being one of the largest military training sites owned by a state in the U.S. Given the presence of a military population in Mississippi, unfortunately, it is a reality that a DUI offense committed by a servicemember can...
The rules governing drawing and testing blood as part of a DUI offense favors the state. This is usually the case as the policy rational leans heavily toward public safety and the administration of the law. Chapter 11 of the Mississippi statute sets out the rules governing blood testing for the p...
As coronavirus continues to spread in Mississippi, law enforcement officers and correctional facilities have been operating under limited interaction with respect to arrests and how the inmates are handled. On March 16th, advocates from the Mississippi Prison Reform Coalition, the ACLU of Mississ...
The legal definition of DUI is pretty simple. In Mississippi, the law prohibits operation of a motor vehicle while under the influence of a controlled substance with a blood alcohol content of 0.08%. This DUI law is normally associated with the driving of a private vehicle after consuming alcohol...
In June 2019, a ruling handed down in the U.S. Supreme court governing warrantless chemical tests. The question surrounding the case of Mitchell v. Wisconsin was an intriguing one, which called for an examination of the Fourth Amendment, and the limits of implied consent laws. In May 2013, the p...
Generally speaking, the purpose of DUI penalties is to avoid recidivism. The goal is to ensure that the DUI offender does not repeat the offense out of fear of being punished again. That is why in most states, there is more emphasis placed on deferred adjudication programs and alcohol safety educ...
Being charged with a crime is intimidating. Beyond the fear of jail, court costs, and fines, there are questions as to the impact on your job and your right to drive. Rest assured that I will be there every step of the way to guide you through the process, and to help you minimize the impact of a DUI on your life. Call me today.