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...

DUI charges are frequently accompanied by ancillary charges that can be a part of the circumstances surrounding the DUI charge. An offender who is charged with DUI can also be charged with disorderly conduct should the officer determine that his or her behavior is a disturbance to the peace. Simi...

All Terrain Vehicles, or ATVs, are the well known off-highway vehicles that travel on four tires and have handlebars for steering control. These vehicles are regulated by state law just like normal sedans and sports utility vehicles. Similarly, individuals who are caught operating ATVs while into...

According to the Mississippi Highway Patrol (MHP), there has been a surge in DUIs and DUI-related accidents during this holiday season. The surge has been exponential and has warranted reports about the increase. Over the Christmas holiday, three people were fatally killed and thousands of motori...

DUI or driving under the influence is usually associated with consuming too much alcohol. As such, law enforcement offices have mastered ways to detect drunkenness. These include the use of field sobriety tests, breathalyzers, and blood tests. They can also detect it before conducting any formal ...

DUI Checkpoints (also known as sobriety checkpoints) are locations where law enforcement officers are stationed to inspect drivers for signs of intoxication and impairment. Many U.S. jurisdictions, including Mississippi, use DUI checkpoints as part of their larger drunk driving deterrence program...

In all states, teens are not exempt from receiving DUI charges and subsequent convictions. In addition to the DUI law that regulates blood alcohol levels, most states also have a penalty system for teens who drink while under the age of 21 years old. These consequences will have a detrimental eff...

Restricted and hardship licenses are a part of the DUI penalty scheme that states have implemented for those who have been convicted of DUI. There are two main ways the court can grant a restricted license instead of a fully suspended license. These special considerations acknowledge that certain...

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...