Gulfport & Biloxi DUI Arrests: DUI Lawyers in Mississippi

By: Vic Carmody, MS DUI Law Book Co-Author and a Best DUI Lawyer Gulfport MS or Biloxi MS

DUI (driving under the influence) of alcohol in Mississippi is a serious crime with tough penalties. The state has strict laws (including jail time) to stop impaired driving, which is a significant threat to public safety.

Each year for the last decade, Harrison County DUI arrests are always in the State's Top 3 counties for having recorded the highest number of Mississippi DUI arrests. Roughly 75% of these Harrison County DUI cases will be for that person’s first offense DUI Mississippi.

The Value of Free Consultations. Because all MS DUI arrests are TIME-SENSITIVE, our award-winning attorneys for DUI in Gulfport MS and Biloxi MS offer a FREE lawyer consultation. Our lawyers can advise on a wide variety of issues, such as whether attendance at a victim impact panel and successful completion of a victim impact panel prior to trial would be valuable.

When you call for your FREE, no obligation initial interview, we will explore your eligibility for a non-adjudicated DUI MS "workout." Dial our toll-free vanity number, (800) 360-3847 or 800-360-DUIs.

No, you cannot. While less serious traffic crimes like speeding are simple cases for which many can be handled by accessing the Harrison County MS "pay fine online" portal, DUI cases are serious crime for which a court appearance is mandatory.

Kevin Stewart, DUI attorney Gulfport MS (and Biloxi, too) is our DUI law firm's other co-author of the leading Law Book. The book covers issues like DUI trials, Mississippi DUI expungement and how to beat a DUI in Mississippi.

Being a 1st offender is much better news than being a repeat offender. This is because the state of Mississippi DUI law is among the nation's best for offering opportunities for many of those who are charged with violating MS DUI law to obtain a type of diversion, if qualified to take advantage of our DUI laws in MS.

However, if convicted of a first offence DUI in MS, this typically results in up to 48 hours in jail, attendance and completion of the MASEP driving safety program, fines between $250-$1,000, and a 90-day license suspension of your right to operate a motor vehicle. This is why a non-adjudication effort must be sought, if the case cannot be won at trial.

More than 99% of individuals arrested on suspicion of DUI are unaware of their legal rights, which is why we are offering a guide in this article detailing what to do and what NOT to do. The best DUI lawyer Biloxi MS or a DUI attorney Gulfport MS with our Law Firm can review Mississippi DUI first offense alternatives.

If you need a payment plan, we are ready to advise you with putting together the funds to cover the legal fee cost. Dial our national toll-free number (800-360-3847) to get started fighting your DUI arrest case experienced DUI lawyer at the southern border of Mississippi, will also advise you on these actions you SHOULD TAKE and those you SHOULD AVOID DOING OR SAYING at the roadside.

If police pull you over for suspected DUI, they will offer you a chemical test. This test checks your blood alcohol concentration (BAC). Obtaining the test is important because it serves as the main evidence used in court against you.

You are considered impaired if your BAC is 0.08 grams % or higher for regular drivers. For commercial drivers behind the wheel of a CMV (commercial motor vehicle), the limit is 0.04 gr. present. These limits help ensure that big rig drivers stay sober and reduce the risk of accidents on the roads.

Like all states in the USA, Mississippi has an implied consent law. This law only applies to DUI arrests. Knowing your rights and responsibilities under this law is crucial.

In simple terms, if someone drives on Mississippi highways, they agree to take a breath test if suspected of DUI. This happens after they are arrested to check for any impairing substances in their system.

So, this chemical testing is a legal requirement if lawfully arrested and if then suspected of impaired driving. Those who refuse the requested testing will face total license suspension for 90 days on a 1st offence DUI.

However, for drivers unfamiliar with the law, hearing it for the first time can confuse and stress some MS drivers. In MS, that driver who has refused MUST FILE an appeal within 10 DAYS after the notice of suspension letter from the Mississippi Department of Public Safety, or else the 4-month suspension period will start 30 days after the arrest date.

Implied consent laws were devised by NHTSA (a federal highway safety agency) back in the 1970s. These legal statutes were recommended for all states, to legally collect evidence and make DUI enforcement more effective.

For roughly the last decade, the old 5-year lookback period for all repeat DUI offenses in MS was changed by the Mississippi Legislature, for any 4th LIFETIME DUI offender in Mississippi will be a felony DUI. These 4th offenders face harsh fines, prison time and radical loss of driving privileges (up to 10 years prison time, up to a $10,000 fine, and a 10- year license suspension.).

This five-year period significantly impacts how the offense is classified:

• If a person has no prior DUI convictions within the past five years (using any prior case's date of conviction to measure the 5 years), the new offense is treated as a first offense (misdemeanor); or
• If a person has one prior D.U.I. conviction within the past five years (using the prior first offense's case's date of conviction), the new offense is treated as a second offense (misdemeanor) for that 2nd DUI in Mississippi; or
• If a person has two prior DUI convictions within the past five years, the new MS DUI offense (using the prior second offense's date of conviction to start your measurement) this becomes a third offense (felony). But, if that third offense DUI "date of arrest" is outside that 5 year "window" from that last prior DUI conviction date, the new case will be handled as a misdemeanor.

What court handles DUI cases in Biloxi or Gulfport? In future DUI offenses will follow the 5-year lookback rules stated earlier.

In Harrison County, a first DUI or second DUI offense in Mississippi do not allow a jury trial. For those arrested drivers who submitted to the post-arrest implied consent test, a first-offense DUI can lead to an implied consent license suspension of 90 days, but a special limited permit may be available.

However, a third offense within 5 years is a felony (using the date of conviction of the 2nd DUI in Mississippi as the starting point), will create a felony crime. Therefore, a jury trial will be available for these third offense DUI cases in MS.

The state of Mississippi has 23 circuits for its jury trial courts, but (in the larger population counties of 50,000 or more residents) County Courts can preside over some facets of felony cases. This “larger population county” status applies to Harrison County, Mississippi.

A skilled DUI lawyer can help you navigate charges in Gulfport or Biloxi or other Harrison County locations, by offering a free initial consultation. Timely and informed actions can significantly impact your case's outcome by protecting your driving privileges and (by winning your case, if we can) to then facilitate your progress in life.

Since the call and the advice are FREE, what are you waiting for? Dial 1-800-360-3847 now to get started on finding the best-case solution for your DUI charges.