Articles Posted in MS DUI Law

What is a field sobriety test?

Field Sobriety Tests are preliminary tests used by police officers to determine if a driver is impaired. The tests assign tasks that assess the driver’s balance, coordination, and ability to divide attention to more than one task during the field sobriety test. The National Highway Traffic Safety Administration approves three field sobriety tests applied nationally. The tests include the Horizontal Gaze Nystagmus, Walk and Turn, and the One Leg Stand Test.

How are field sobriety tests are performed, and what is being tested?

According to the National Highway Traffic Safety Administration (NHTSA), 1.5 million people are arrested in the United States for being under the influence of alcohol every year. If you have ever found yourself arrested/convicted for DUI, then you are aware of what kind of affects it can have on your life. A first offense DUI charge for an offender in Mississippi is a fine up to $1,000.00 plus cost of court and even possibly a jail sentence for up to 48 hours. However, there are several contributing factors that can result in a false positive when conducting a breath test.

How is an offender’s breath alcohol level measured?

The most common breath test used by law enforcement officers in the field is the handheld portable breath test. This device measures a single breath test by blowing into a tube that then produces a whistle sound. This reaction produces an electrical current that then triggers the indicator’s lights on the device.

I have a Mississippi Medical Cannabis Card, can I still be charged with a DUI due to being under the influence marijuana?

Yes, approved medical cannabis/marijuana cardholders can still be charged with a DUI for driving a vehicle under the influence of marijuana. Additionally, the operation of a watercraft while under the influence of marijuana is also a BUI (Boating Under the Influence) chargeable offense. In the state’s passing of the Mississippi Medical Cannabis Act, the DUI laws under Section 63-11-30 and Section 59-23-7 were amended to include the act as being fully a part of and subject to the same driving under the influence rules. That means that the same rules and penalties apply if you are suspected of driving under the influence of marijuana, even if you have a medical marijuana card.

When did Mississippi legalize medical marijuana?

St. Patrick’s Day is a popular holiday for friends and family to gather and celebrate often by drinking alcohol. Consequently, DUI related offenses often occur because of excessive celebration. Travel options are available during this day in age that would prevent DUI related offenses or accidents from happening. Many people however choose to test their so called “luck of the Irish,” and decide that their they are okay to drive when ever and where ever it is that they are trying to go.

On March 26th, 2022 in downtown Jackson, MS, there will be a St. Patrick’s Day parade and a celebration attended by 50,000 plus citizens. Cops are on high alert and on the lookout for potential drunk drivers. It is bound to happen that many people will be pulled over or stopped at road blocks for drunk driving. If you find yourself in this situation, you are going to need the help of an effective and experienced DUI attorney that can help you with your DUI arrest.

What Will Happen to Me if I am Accused of Excessive Celebration?

There are several aggravating factors that can make DUIs much worse in Mississippi, and many of these factors involve your employment. Driving while intoxicated becomes a much more

serious offense if you have a government job or hold a CDL, and this is something you definitely need to be aware of if you are facing charges. While it might be too late to avoid legal consequences, you can approach this situation with your best foot forward.

The first step is to get in touch with an experienced criminal defense attorney in Mississippi. Our legal professionals can help you fight DUI charges effectively – even if you are facing the loss of your CDL and more serious penalties due to your employment. While a DUI is a serious offense, there is no sense in accepting needlessly excessive penalties without putting up a fight in court.

A DUI becomes much more serious if you cause a crash. Unfortunately, a DUI becomes even more serious if that crash caused injuries. This is true even if it was your very first offense, which makes these DUI laws quite unforgiving. If you find yourself in this situation, you might be wondering how you can avoid needlessly excessive legal consequences. But what exactly are those consequences? How much jail time will you face, and how much will you be fined? What about other penalties, such as ignition interlock devices and license suspension?

To answer these questions effectively, you will need to get in touch with an experienced criminal defense attorney in Mississippi. You should get in touch with an attorney who specifically has experience with DUI cases, as our legal professionals can guide you toward a positive legal outcome in the most efficient way possible. During your initial consultation, we will assess your situation and determine the best defense strategy. It is best to connect with our defense attorneys as soon as possible.

If You Cause an Injury, You Will Face Felony DUI Charges

If you have committed multiple DUIs over the course of your life in Mississippi, you need to be

very careful. If you commit four DUIs, you will face some of the most severe legal consequences

possible. These penalties can be life-altering, and you may lose many rights, protections, and

Mississippi has strict DUI laws, and the state is not very sympathetic towards drivers who get behind the wheel while intoxicated on multiple occasions. Things can get especially bad if you commit three DUIs within five years in the Magnolia State. But why is this such a big deal? What exactly happens when you commit three DUIs in five years, and how can you fight these charges in the most efficient way possible?

The answer to the last question is simple: get in touch with a criminal defense lawyer as soon as possible. As you will soon find out, the consequences for getting three DUIs within five years are quite serious, and you will need top-notch legal assistance if you want to get through this situation. Our qualified defense lawyers can use a number of strategies to mitigate any consequences you might be facing, allowing you to fight for your freedom.

You Will Face Felony Charges

A DUI is a serious offense in the state of Mississippi, especially if you have committed this crime more than once. When you consider the impact that drunk driving has on our communities, it makes sense to take a very strict approach when punishing people who drive while intoxicated. In 2016 alone, drunk drivers contributed to 18% of all traffic-related fatalities in the state of Mississippi. On a broader scale, America contains more drunk drivers than the entire populations of most countries.

Because of the life-and-death nature of DUIs, Mississippi is striving to reduce the prevalence of these crimes by whatever means possible. Although educational programs, mass media initiatives, and sobriety checkpoints are all effective measures, the easiest way to deter drunk drivers is with harsh penalties. If you continuously drive while impaired, you can expect your legal penalties to become increasingly more serious if you reoffend.

How Mississippi Defines DUIs

Everyone’s response to alcohol is different, and the same amount of alcohol may cause varying degrees of intoxication based on a number of factors. For example, some individuals have the ability to drink excessive amounts of liquor while feeling virtually no effects. You may feel that your high alcohol tolerance allows you to drive a vehicle normally even after reaching the same level of intoxication that would completely disable an average person. However, Mississippi authorities do not really care about your alcohol tolerance. Regardless of your unique attributes, you will be charged with a “per se” DUI when you reach a certain level of intoxication. But what exactly is a “per se” DUI in Mississippi?

If you have been charged with a DUI in Mississippi, it is important to get in touch with a criminal defense attorney as soon as possible. We can help you build the best defense possible. We can also explain the details of Mississippi’s DUI laws so you can move forward with greater confidence.

“Per Se” DUI Laws Explained

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