What Police can and can Not do During a DUI Stop

Posted by James Ferguson | Apr 15, 2019 | 0 Comments

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...

Does Your Employer Care About Your DUI Conviction?

Posted by James Ferguson | Apr 01, 2019 | 0 Comments

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 ...

DRAM Shop Laws and DUI Offenses

Posted by James Ferguson | Mar 15, 2019 | 0 Comments

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...

 An Overview of Federal DUI Offenses

Posted by James Ferguson | Mar 01, 2019 | 0 Comments

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...

Inside the DUI Plea Bargaining Process

Posted by James Ferguson | Feb 15, 2019 | 0 Comments

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 ...

Supreme Court Cases Affecting Your DUI Case

Posted by James Ferguson | Jan 15, 2019 | 0 Comments

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...

Non-Adjudication Statute in Mississippi

Posted by James Ferguson | Jan 02, 2019 | 0 Comments

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...

The A-Z of DUI Probation

Posted by James Ferguson | Nov 15, 2018 | 0 Comments

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? ...

“I’m Innocent!” Common DUI Defenses

Posted by James Ferguson | Nov 01, 2018 | 0 Comments

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...

Civil Lawsuits Stemming From DUI Offenses

Posted by James Ferguson | Oct 15, 2018 | 0 Comments

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

Posted by James Ferguson | Oct 01, 2018 | 0 Comments

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...

What Happens During a Sobriety Checkpoint?

Posted by James Ferguson | Sep 07, 2018 | 0 Comments

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...

Boating Under the Influence in Mississippi

Posted by James Ferguson | Aug 15, 2018 | 0 Comments

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...

The Ignition Interlock Device: Unusual Punishment?

Posted by James Ferguson | Aug 01, 2018 | 0 Comments

In Mississippi, persons convicted of a third DUI offense are required to have an interlock ignition device installed in their car. This device serves as a deterrence and punishment for the offender. The car will not start unless the driver blows into the device. The device is calibrated to detect...

DUI Penalties in Mississippi

Posted by James Ferguson | Jul 15, 2018 | 0 Comments

Receiving a long jail sentence for a DUI offense is not a usual occurrence in DUI cases. There are various programmatic and adjudicatory alternatives that seek to rehabilitate offenders before jail time is necessary. The policy goal here is to treat driving under the influence as a behavior that ...

What is an Aggravated DUI?

Posted by James Ferguson | Jul 01, 2018 | 0 Comments

We are familiar with routine stops or investigations of DUI offenses. This is a scenario in which a law enforcement officer witnesses a suspect swerving in his or her vehicle. In this occurrence, no one sustains any injury and the driver is pulled off the road before any such harm occurs. However...

Underage Alcohol-Related Offenses and Penalties

Posted by James Ferguson | Jun 01, 2018 | 0 Comments

Mississippi law always proves to break the mold when it comes to alcohol-related laws. Traditionally, the legal drinking age is 21 years old. The laws in many states on this issue are straightforward that individuals under the age of 21 cannot consume beverages with a stated small percentage of a...

Impaired Driving in Mississippi

Posted by James Ferguson | May 15, 2018 | 0 Comments

In January of 2018, a Vietnam veteran suffered damages to his home after a drunk driver ran into it with his vehicle. The drunk driver was subsequently charged with his fourth DUI offense in Rankin County, Mississippi. Individuals who are convicted of a fourth DUI face stiffer sentences. A fourth...

Three Common DUI Defenses

Posted by James Ferguson | May 01, 2018 | 0 Comments

When it comes to DUI defenses, simply telling the judge that you were not intoxicated will not suffice. In an age of breathalyzers and field sobriety testing, it is rather difficult for defendants to attack a legal finding of intoxication. There is usually a chemical test or a field sobriety test...

Refusing a Sobriety Test During a DUI Stop

Posted by James Ferguson | Apr 01, 2018 | 0 Comments

When drivers are arrested under suspicion of DUI in Mississippi, police officers have the authority to administer chemical tests to determine whether a crime is being committed. In Mississippi, a Blood Alcohol Content (BAC) of 0.08% or above qualifies as a DUI offense. Mississippi permits breath,...

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