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...

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...