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...

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...

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 ...

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...

DUI offenders rarely make it to trial unless the offense is connected to injuries or fatalities. A defendant who is charged with a DUI usually pleads out of court. A DUI plea deal “sweetens the pot” in exchange for the guilty plea. A DUI plea deal can include the lessening of the charge, a non-ad...

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...

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...

When people think about DUI, they usually think about driving under the influence of alcohol. They seldom think about driving under the influence of other prohibited drugs like marijuana, cocaine, or methamphetamines. Alcohol inebriation is easily identifiable when drivers have difficulty staying...

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...

An appeal of a DUI conviction may be the right option for you depending on the circumstances of your individual case. Most DUI defendants who are found guilty accept plea deals in exchange for a lesser charge or a lesser penalty. A defendant may agree to enter a rehabilitative program or probatio...

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,...

The Tragic Case of a DUI Fatality in Mississippi On November 21, 2017, local news station WREG reported on a DUI case that occured in Horn Lake Mississippi in 2016. The story compels a close look at Mississippis first offender DUI law and its legal as well as real-life implications. On October...

Open Container Laws Across the Country Open container laws are state laws that prohibit the presence of an open container of alcohol in an individuals car without regard to whether the individual is consuming it. In 1998, the federal government passed an act incentivizing states to pass open al...

Getting a DUI charge is a stressful ordeal. Depending the severity of the charge, a subsequent DUI conviction can become the source of many serious consequences. A DUI charge or conviction can involve jail time as well as a lengthy, costly court process. It can also produce long-term, sometimes i...

What is a Parked Car DUI? A parked car DUI offense can be charged when a defendant is found legally intoxicated while behind the wheel of a motionless or parked vehicle. The situations that can lead to this type of charge presents complexities in certain jurisdictions where the difference betwee...

Expungement is a hot topic in the area of criminal law as many people are misinformed about its definition and when it applies. For example, contrary to popular belief, expungements are not available for charges and arrests. They only come into play when an individual is found guilty and convicte...

Drunk driving is a serious crime with serious consequences. In addition to paying the legal penalties, a DUI conviction can continue to haunt you for years after the momentary indiscretion. The most collateral damage often takes the form of the offenders career. Many are able to survive a DUI co...