MS Drinking Laws

What Are Potential Sentences for DUI Causing Death in Mississippi?

Published on: July 23, 2024 | by Vic Carmody Jr., P.A.

DUI defendants may assume that convicts rarely receive the maximum sentence for their crimes. You may think that although a crime is punishable by decades in prison, these penalties rarely occur in reality. However, Mississippi courts do issue maximum sentences for DUI-related crimes, and a recent example involves the death of a mother and a small child. This case may provide some insights as to when criminal courts issue maximum sentences for DUI offenses in Mississippi.

Woman Receives 110 Years in Prison After Fatal DUI

In May of 2024, ABC News reported that a Mississippi woman had been sentenced to 110 years in prison for causing the death of a mother and child while driving drunk. She faced four counts of aggravated DUI and a single count of fourth-offense DUI. The first four aggravated DUI counts had a maximum sentence of 25 years each, while the fourth-offense DUI count had a maximum sentence of 10 years. She received the maximum sentence for all five counts, leading to a total of 110 years behind bars. The sentences will run concurrently, meaning the woman will probably die in prison.

Can You Get a Felony DUI Reduced to a Misdemeanor in Mississippi?

Published on: July 12, 2024 | by Vic Carmody Jr., P.A.

There is a clear incentive to reduce felony DUIs to misdemeanors in Mississippi. Not only does a felony lead to more serious criminal consequences, but it also affects your rights in many ways. A felony represents an obvious blemish on your record, while a misdemeanor may affect your future in much less drastic ways. The real question is whether this is even possible. How do you reduce your felony to a misdemeanor in Mississippi? What is the legal process behind this, and how can a criminal defense lawyer in Mississippi help you achieve this goal?

Accepting a Plea Deal

Perhaps the most obvious way to reduce a felony DUI to a misdemeanor is by accepting a plea deal. For those who do not know, a plea deal requires you to plead guilty. In exchange, the prosecution may promise some degree of leniency – and this may include misdemeanor charges instead of felony charges. But a plea deal may not always lead to a misdemeanor instead of a felony. If you are facing serious felony charges, a plea deal could simply reduce the number of years you spend in prison – and you might still be convicted of a felony. Defendants must carefully consider the pros and cons of plea deals based on their unique situations. In some cases, it makes more sense to fight the charges in court. That being said, a plea deal can provide optimal results in other situations.

The Kombucha Defense for Mississippi DUIs

Published on: July 2, 2024 | by Vic Carmody Jr., P.A.

Alcohol isn’t the only substance that can raise your BAC level. All kinds of other beverages, foods, and medications may also trigger a BAC reading – even if you never consumed any alcohol. In certain situations, this can lead to a false positive BAC result and serious consequences. One example is kombucha, a fermented beverage that could create the impression that you are intoxicated. But is the “kombucha defense” really viable? How do you prove that your BAC result was triggered by fermented foods and not alcohol? These are questions you can ask one of our lawyers during your free consultation.

Why Kombucha Can Trigger Positive BAC Results

To be clear, the average person would need to drink an excessive amount of kombucha to trigger a BAC result even close to normal illegal levels. The average bottle of kombucha contains less than 0.5% alcohol, making it roughly 10 times less powerful than a bottle of beer. However, various factors could make a problematic BAC result more likely after drinking kombucha.

What is the Difference Between a Blood Test and a Breathalyzer in a Mississippi DUI?

Published on: May 3, 2024 | by Vic Carmody Jr., P.A.

Test results are crucial in proving DUIs. If the authorities fail to obtain results that suggest intoxication, it is difficult for them to convict alleged drunk drivers. Not all DUI tests are the same. Two of the most common types are breath tests and blood tests. When defending yourself against DUI allegations, it may help to understand the differences between these two tests. Which test is more accurate? Can you refuse either test? How can a DUI defense attorney in Mississippi help you avoid charges despite convincing test results?

Blood Tests are More Accurate Than Breathalyzer Tests

Generally speaking, blood tests are more accurate compared to breathalyzer tests. In addition, they can test for a wider range of substances. Aside from detecting alcohol, a blood test can identify illegal or prescription drugs. When you take a blood test, few substances will fall under the radar.

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

The Role of Expert Witnesses in DUI Defense

Published on: February 15, 2024 | by Vic Carmody Jr., P.A.

In the complex landscape of criminal law, defending individuals charged with driving under the influence (DUI) requires a comprehensive approach. One crucial aspect that can significantly impact the outcome of DUI cases is the testimony of expert witnesses. Expert witnesses play a pivotal role in DUI defense by providing specialized knowledge and objective analysis. In this blog, we will delve into the importance of expert witnesses and how their testimony can shape the defense strategy in DUI cases.

Understanding Expert Witnesses

Expert witnesses are professionals with specialized knowledge, training, education, or experience in a particular field relevant to the case at hand. In DUI defense, expert witnesses can include toxicologists, forensic chemists, accident reconstruction experts, field sobriety test specialists, and more. These individuals possess the expertise necessary to examine scientific evidence, evaluate the reliability of law enforcement procedures, and provide professional opinions regarding the defendant’s sobriety, the accuracy of test results, and any potential errors or inconsistencies.

States Cracking Down on DUIs

Published on: February 8, 2024 | by Vic Carmody Jr., P.A.

South Carolina is taking stricter measures to combat drunk driving, potentially creating a larger number of drivers who will have to use ignition interlock devices. These devices are breath-analysis systems integrated into a vehicle’s electrical system to prevent individuals under the influence from starting the car until they pass a breath test with a blood-alcohol level below 0.02%.

Here are the key points:

Expansion of the Program: South Carolina recently updated its laws, requiring anyone convicted of a DUI with a blood alcohol level of 0.08% to install an ignition interlock device. This represents a significant expansion from the previous requirement, which applied to those with a blood alcohol level of 0.15% or repeat offenders.

Is Public Drinking Legal in Mississippi?

Published on: August 26, 2021 | by Vic Carmody Jr., P.A.

Mississippi’s alcohol laws are quite complex. This is largely due to the fact that the state gives tremendous freedom to local counties and municipalities when it comes to creating and enforcing their own alcohol regulations. Essentially, the local authorities get to decide for themselves which rules they wish to follow. An example of this is public drinking. Many residents find public drinking laws incredibly frustrating. This is especially true if they are engaging in innocent behavior, such as enjoying a cold beer or a glass of wine at a park while having a picnic. The exact laws on public drinking vary from state to state.

Mississippi is Unique When it Comes to Alcohol Laws

Mississippi has a long and interesting history when it comes to alcohol laws. Traditionally, the Magnolia State has been a supporter of prohibition since the 1800s. In 1839, the state banned the purchase of more than one gallon of alcohol at any time. Further laws were created over the next few decades.