What to Do After a DUI Arrest in Mississippi

Immediate Actions After DUI Arrest: The Critical First Hours

If police arrest you for a DUI or DWI in Mississippi, your decisions in the first few hours can significantly impact your case outcome. Understanding your rights and taking immediate action is absolutely critical. An experienced DUI attorney will help you navigate this stressful situation and protect your legal rights.

Step 1: Remain Calm and Exercise Your Right to Remain Silent

Foremost, you have the constitutional right to remain silent. This right is fundamental and protected by the Fifth Amendment and Miranda v. Arizona.

• Do not volunteer information: Anything you say can be used against you
  
• Politely decline to answer questions: “I would like to speak to an attorney before answering any questions”
  
• Don’t try to explain or defend yourself: Even well-intentioned explanations can be misinterpreted
  
• Remain respectful to police: Cooperation on procedure doesn’t mean answering questions
  
• Request legal counsel immediately: “I want to speak to a lawyer” triggers your right to counsel
  

Step 2: Do Not Consent to Vehicle or Personal Searches

Police often request consent to search your vehicle or person. You have the right to refuse:

• Vehicle search: “I do not consent to a search of my vehicle”
  
• Personal search: “I do not consent to a search of my person”
  
• Home search: “I do not consent to a search of my home” (without a warrant)
  

Politely declining does not give police probable cause to search—but always ask, “Am I free to go?” If yes, leave. If police say you’re not free to go, that signals an arrest.

Step 3: Do Not Perform Field Sobriety Tests

Field sobriety tests are voluntary in Mississippi. You have the right to refuse:

• Horizontal Gaze Nystagmus (HGN) test
  
• Walk-and-Turn (WAT) test
  
• One-Leg Stand (OLS) test
  

Politely declining to perform these tests:

• Eliminates physical evidence against you
  
• Prevents officer observations of “failed” tests
  
• Makes the prosecution’s case weaker
  
• Does not count as consciousness of guilt like chemical test refusal
  

Step 4: Understanding the Breathalyzer Refusal Decision

This is more complex than field sobriety tests. Refusing a chemical test carries specific consequences:

Consequences of Breath Test Refusal:

• Automatic 90-day license suspension (first offense) or 1-year (if prior DUI)
  
• Refusal can be used as consciousness of guilt evidence at trial
  
• Without test results, prosecution’s chemical evidence disappears
  

Benefits of Refusing:

• No breathalyzer reading for prosecution to present
  
• Strengthens defense strategy by eliminating key evidence
  
• Refusal hearing often more defendable than failed test
  

This is a strategic decision best made with attorney consultation, which is why you should request legal counsel immediately.

Step 5: Ask for Contact Information and the Police Report

Before leaving custody or immediately afterward:

• Get the officer’s name, badge number, and department
  
• Ask for a copy of the police report
  
• Request the incident report number
  
• Ask if there’s dashcam or bodycam footage
  
• Get the arresting officer’s contact information
  
• Request information about the breathalyzer machine and maintenance records
  

Step 6: Contact a DUI Defense Attorney Immediately

Time is critical. Contact a DUI attorney immediately—preferably before or during questioning:

• Many firms offer 24-hour emergency representation
  
• Public defenders can be requested if you cannot afford an attorney
  
• Your attorney can advise on chemical testing decisions
  
• Representation during interrogation protects your rights
  

Step 7: Request an Administrative Hearing

You have only 10 days from arrest to request an administrative hearing to challenge your license suspension:

• Request must be filed with Mississippi Department of Public Safety
  
• This is a separate proceeding from your criminal case
  
• Failure to request timely results in license suspension
  
• A DUI license suspension lawyer will handle this filing
  

Step 8: Understand Your Read Rights

If you’re arrested and taken into custody, police must inform you of your Miranda rights before questioning:

• Right to remain silent
  
• Right to an attorney
  
• Warning that statements can be used against you
  
• Warning that an attorney will be provided if you cannot afford one
  

If police did not read your rights before questioning, statements may be inadmissible at trial.

Step 9: Gather Evidence and Preserve Information

Important evidence to preserve includes:

• Exact location of arrest: Note the address and intersection
  
• Traffic and environmental conditions: Note weather, lighting, road condition
  
• Time of arrest: Note exact time
  
• Physical condition: If you have any medical conditions affecting balance or coordination, document them
  
• Prior activities: Document what you ate and drank that day and when
  
• Witnesses: Get contact information for anyone who saw the stop
  
• Video evidence: Ask for all available dashcam, bodycam, and traffic camera footage
  
• Medications: Document any medications you were taking

Step 10: Document Your Medical History

Medical conditions can affect DUI testing and defenses:

• GERD (acid reflux)
  
• Diabetes
  
• Inner ear problems or vertigo
  
• Neurological conditions
  
• Sleep disorders
  
• Medications that affect balance or coordination
  
• Vision problems
  

Provide this information to your attorney.

Step 11: Do Not Post on Social Media

Avoid discussing your DUI arrest on social media:

• Posts can be used against you
  
• Prosecution will search social media for incriminating statements or images
  
• Don’t post about drinking, partying, or anything related to the arrest
  
• Don’t discuss your case publicly
  

Step 12: Prepare for Your First Court Appearance

You’ll likely have an initial appearance within 72 hours of arrest:

• Don’t discuss the case with other inmates or anyone who might report you
  
• Prepare to enter a plea (typically “not guilty”)
  
• Be ready for bail/bond hearing
  
• Understand conditions of release that may be imposed
  
• Bring any medical documentation or employment letters
  

Understanding the Criminal DUI Process

Once arrested, here’s what to expect:

Initial Appearance (within 72 hours):

• Your rights are explained
  
• Bail/bond is set
  
• You enter a plea (typically not guilty)
  
• Conditions of release are imposed
  

Administrative License Suspension Hearing (within 30-60 days):

• Separate from criminal case
  
• Challenges the suspension imposed by Department of Public Safety
  
• Outcome affects your driving privileges during pending criminal case
  

Preliminary Hearing (if applicable):

• Evidence presented by prosecution
  
• Defendant can cross-examine witnesses
  // Purpose is to establish probable cause for felony charges
  

Discovery Process:

• Your attorney receives police reports, chemical test results, and other evidence
  
• Expert witnesses may be retained
  
• Defenses are developed based on evidence review
  

Plea Bargaining or Trial Preparation:

• Prosecution and defense negotiate potential plea deals
  
• Or preparation begins for trial
  

Special Considerations for Commercial Drivers

If you hold a Commercial Driver’s License (CDL), your situation is more complex:

• CDL DUI penalties are more severe
  
• You face federal disqualifications
  
• A CDL DUI defense attorney should be consulted immediately
  

Special Considerations for Out-of-State Drivers

If arrested out of state:

• You may still be prosecuted in Mississippi
  
• Out-of-state DUI convictions count toward Mississippi offense levels
  
• Interstate implications require experienced representation
  

Bail and Bond Considerations

After arrest, bail or bond will be set:

• Bail is money you pay to be released
  
• Bond is a guarantee you’ll appear for trial
  
• Conditions may include:
  
• No driving (except to court or work)
  
• Ignition interlock device installation
  
• Alcohol counseling or AA attendance
  
• Regular check-ins with pretrial services
  
• Travel restrictions
  
• No alcohol consumption
  
• Regular drug testing
  

Red Flags in Your Case

Immediately discuss these with your attorney:

• Questionable traffic stop
  
• Officers failing to read Miranda rights
  
• Lack of probable cause for arrest
  
• Field sobriety test procedural errors
  
• Breathalyzer maintenance or calibration issues
  
• Unexplained time delays between stop and testing
  
• Rising BAC defense applicability
  

Preparing Your DUI Defense

Work with your attorney to:

• Obtain all police reports and evidence
  
• Request all available video footage
  
• Review chemical test procedures and documentation
  
• File discovery motions for missing evidence
  
• Retain expert witnesses if necessary
  
• File motions to suppress improperly obtained evidence
  
• Gather character references
  
• Document employment and family ties
  
• Prepare for trial or negotiate plea deal
  

Important Contact Information to Gather

• DUI attorney: Get their direct number and emergency line
  
• Court information: Case number, courtroom, hearing dates
  
• Department of Public Safety: Regarding license suspension
  
• Bond company: If bonded out of custody
  
• Bail bondsman: Contact information and conditions
  

Conclusion

The hours and days immediately following a DUI arrest are critical. Knowing your rights is important. Make smart choices about field sobriety tests and chemical tests.Get help from an experienced DUI attorney in Mississippi right away. This can greatly affect your case. Don’t delay—contact a DUI lawyer nearby today to begin protecting your rights and preparing your defense. Call us at (601) 948-4444 and set up a free initial consultation.