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,...

A Closer Look at Mississippi’s First Offender DUI Law

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

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 and the Strange Case of Mississippi

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

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...

Your DUI Charge and Your Job

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

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...

Parked While Under the Influence

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

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...

Can I Expunge My Mississippi DUI Conviction?

Posted by James Ferguson | Jan 26, 2018 | 0 Comments

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...

How a DUI Arrest can Affect Your Employment

Posted by James Ferguson | Dec 15, 2017 | 0 Comments

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...

Can Self Driving Cars End Drunk Driving?

Posted by James Ferguson | Oct 15, 2017 | 0 Comments

Self-driving cars, also called driverless or autonomous cars, are vehicles that can sense their surroundings and navigate without human input. Although no completely driverless cars are allowed on the roads yet, the technology is quickly being developed. Arguably the biggest potential benefit to ...

Are Sobriety Checkpoints Legal in Mississippi?

Posted by James Ferguson | Sep 11, 2017 | 0 Comments

Sobriety checkpoints (also known as DUI checkpoints, mobile checkpoints, or roadblocks) refer to temporary and fluctuating locations intended to keep drunk drivers off the roads. Police set up a roadblock, stopping every car that passes through the checkpoint to screen for suspicious drivers. If ...

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