Mississippi Criminal and Family Law Blog

In this line of business, we attorneys come across new and improved quackery that is supposed to help drinkers keep track of their blood alcohol content and whether they should be out on the road behind the wheel. However, last week, I encountered the Breathometer. What a name! (See www.breathometer.com for information.) This new piece…

Eighteen-time Olympic gold-medalist Michael Phelps was arrested for DWI in Maryland last week. As a man with multi-million dollar endorsement gigs, he’s probably not too worried about the fines. But as our office has learned over the years, a DUI arrest and/or conviction can have many other repercussions. For Phelps, USA Swimming has suspended him…

In an effort to crack down on impaired driving, law enforcement agencies across the state are adopting the practice of “no-refusal” traffic stops and checkpoints. In other words, when a person suspected of DUI refuses to submit to a breath test, police are, in a sense, forcing them to submit to a blood test. Essentially,…

House Bill 412 contains numerous changes to Mississippi’s DUI laws, and the bill takes effect on October 1, 2014. One of the most significant changes is that it makes nonadjudication available to persons over 21 years of age, something previously unavailable. To learn more about these nonadjudications, please read our more detailed blog here.

It is no secret that the effects of a DUI arrest and conviction are far-reaching. Jail time and fine amounts are only the first part of the story. Then there are alcohol safety education programs, victim impact panels, and high-risk insurance costs. Perhaps the most serious consideration, however, is the effects of a DUI on…

As technology advances, law enforcement agencies, like everyone else, try to keep up. The field of DUI detection is no exception. Most modern methods of detecting alcohol can be extremely accurate and reliable in the hands of capable scientists. However, most police officers aren’t scientists. As such, there is a significant margin for human error…

Earlier this month the United States Supreme Court issued its opinion in Salinas v. Texas, 570 U.S. ___ (2013). Before Salinas was arrested, police asked him a few questions. In response to one particular question, he remained silent and said nothing; he argued that this was his way of exercising his 5th Amendment right to…

In the recent Mississippi Supreme Court decision of Freeman v. State, NO. 2012-KM-00192-SCT, the court reversed a DUI conviction where the state trooper’s in-car video was lost prior to a new trial on appeal. In short, the defendant was never provided with a copy of the video used to convict him in the trial court.…

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws. While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI. Effective…

Tuesday, May 14, 2013, the National Traffic Safety Board announced its newest proposal for cracking down on alcohol-related traffic accidents. The NTSB is urging all states to lower the threshold blood alcohol concentration from .08 percent to .05 percent. This 37.5 percent decrease would make it MUCH easier to get a DUI. For more information,…