Mississippi DUI Arrests: An Arrest is NOT a Conviction!

In need of a top-rated DUI law firm in Southaven Mississippi? What if you could be represented by lawyers at the Firm that “wrote the book” on DUI laws in MS? Well, this is that legal firm!

A DUI arrest in or near Southaven, Mississippi, can be a daunting experience. Many people start looking online for stop-rated Southaven DUI lawyers with the lawyer ratings and credentials that "stand out" as compared to other criminal law attorneys.

About 90% of all arrests are for being under the influence of intoxicating liquor, with the other 10% being drugs or inhalants. Also, about 75% (or more) of the annual DUI arrests in Mississippi are for 1st offense DUI cases, not repeat offenses.

The trauma of those facing arrest for DUI in Southaven. Every first-time offender never thought the flashing lights, getting handcuffed, and the police asking the person to take a breathalyzer test would happen to them.

This Southaven DUI stop for your first offense in Mississippi could change (or end) your career and future dreams. If this is your first DUI offense, the impact of such a roadway confrontation can feel overwhelming.

A conviction for D.U.I. can stay on your criminal record forever. If that same person has number of DUIs in Southaven MS, the sanctions, costs and loss of all driving privileges are much harsher.

Over 99% of detained, suspected DUI arrestees, do NOT know their legal rights, so we are providing you with a "roadmap" of what to do and what NOT do in this article. Any knowledgeable Southaven MS DUI attorney will also tell you that these tips are what you SHOULD DO and some that you SHOULD NOT DO at the roadside.

Before going to the topic of using non-adjudication, our goal is to GIVE YOU the opportunity to talk with a criminal defense attorney at our firm. So, we offer you a totally free lawyer consultation.

During this conversation, we encourage you to ask any questions you have. Most are conducted by telephone call, or a VIRTUAL call on Zoom or other service, or the meeting can be in person.

If you need a payment plan, we are ready to assist you with putting together the funds to cover the legal fee cost. Dial our number at 601-948-4444 to get started fighting your DUI arrest case.

This article explains the DUI arrest and potential conviction process in Mississippi. The objective that our legal team brings to you case is to focus on getting rid of the entire DUI charge, if we can.

This way, our client will not have to use her or his once-in-a-lifetime non-adjudication DUI MS method of dodging a D.U.I. conviction. Many uninformed people think that a first offense DUI Mississippi case is not worth paying a skilled lawyer to defend, but that can be a mistake that the person carries --- with constant reminders of that misjudgment --- for his or her lifetime.

Our legal warriors will look at everything from the first aspects of the traffic stop or DUI checkpoint encounter to going through court proceedings. Additionally, we will also discuss how our award-winning law professionals can help in this legal process, if hired to be your DUI lawyers in Southaven.

Remember, knowledge is power. Equip yourself with the right information to effectively defend a Southaven DUI case, or at any other court location in the Magnolia State.

This strategy may help you avoid a DUI conviction in your case. Here are the "do's" and "don'ts":

1. Don'ttalk, since the officer is trained to try to get you to talk, so he or she can hear your speech patterns. You only need to show the officer your driver's license that gives your name and address.

2. Provide any requested paperwork or documents (like your driver's license and insurance proof), but do not talk. You don't need to say where you are coming from or where you are going.
3. Do NOT participate in any ROADSIDE "tests." This means you should NOT try to "pass" any police eye testsor agility exercises at the roadside, or any place else.

These exercises include walking a line or trying to stand on one foot. Any questions or requests for you to participate are completely optional.

There is no penalty or driver license sanction for a driver who refuses to submit to a roadside, portable breath test screening. The right to refuse tests and to answer questions once stopped by police is even more important.

In some resulting arrests, when the officer arrests with little to no evidence of impairment, these cases may be dismissed by judges due to lack of evidence to cuff and arrest, creating a strong legal defense.

They are voluntary and these are NOT real scientific "tests," so WHY try to do them? Watch this helpful video by Georgia DUI attorney and legal book author William C. Head to learn all the rules.

Any offer from an officer to have you BLOW into a hand-held, portable breath testing device ALSO is optional and voluntary. Once again, just shake your head side to side and DO NOT BLOW, since declining this roadside "preliminary" test will not trigger any penalty or loss of driving privileges.

If the police then arrest you for driving under the influence, you will be transported to a place with a breath alcohol device. After detention, this is the TIME and PLACE that you shouldtake part in a forensic breath alcohol test. If drugs are suspected, the usual type of post-arrest testing is a BLOOD test,

This test usually happens at a police station, jail, or sometimes in a mobile van with an Intoxilyzer inside. Refusing this "implied consent" test will cause a suspension of your driving privileges. Plus, anyone who has refused post-arrest testing MUST file an implied consent appeal within 10 days of that arrest date, so call our Firm NOW!

Remember, being detained or arrested does not mean you are guilty. Good criminal defense attorneys can help you create a strong trial strategy. This is especially true if you did not talk and did not try to do the field sobriety tests at the roadside.

Be aware that Mississippi DUI laws are complex. Understanding this complexity can greatly affect your case. Not all DUI lawyers in Mississippi have the skills or courtroom experience to get great results in their cases.

Vic Carmody is the only Mississippi attorney who is Board-Certified in DWI-DUI Defense by the National College for DUI Defense.com. With fewer than 100 total board-certified NCDD.com lawyers, this credential stands out in the Magnolia State.

When looking for a lawyer for your DUI defense in Southaven, don’t just search for local DUI lawyers. The MS DUI laws in Southaven Mississippi are the same laws as have been enacted as the official Mississippi laws applicable statewide.

In Mississippi, drivers must follow strict implied consent laws. When you drive, you agree to chemical testing. This includes breath, blood, or urine tests for alcohol.

The law aims to prevent impaired driving. If you are stopped, you must agree to testing. Officers use these tests to check your level of intoxication.

Refusing to take the tests can lead to serious consequences. If you refuse, your driver’s license will be suspended for up to 120 days, unless you take immediate steps (within 10 days after arrest). It is important to understand and follow these deadlines and not delay in fighting these charges.

Refusing chemical testing during a DUI stop in Mississippi has serious penalties. The state enforces these rules to promote safety and reduce impaired driving.

If you refuse, your license can be suspended for up to 120 days. This can greatly affect your daily life and responsibilities.

Also, refusing the test may hurt your case in court. Judges and juries often see refusal as a “consciousness of guilt,” which may lead to worse legal results. It’s important to know these consequences before you decide to refuse.

After the first evaluation, chemical testing will happen. Common tests include breath, blood, or urine to check alcohol levels. Mississippi law has an implied consent rule. This means you must agree to testing or else suffer a loss of driving privileges.

If you refuse the post-arrest, forensic breath testing, you could face serious loss of driving privilege penalties, due to this "implied consent" law violation. This CIVIL law sanction can result in you losing ALL driving privileges for up to 120 days.

If you are charged, the legal process follows strict DUI laws in Mississippi. The Mississippi Department of Public Safety handles DUI charges. Knowing the steps can help you manage your case.

Here is a simple outline of the usual DUI arrest and testing process:

1. Initial traffic stop or at a roadblock at a DUI checkpoint, where no bad driving or traffic offense has been observed.
2. Field sobriety tests and officer assessment, for which you have totally denied any new "proof of impairment."
3. After arrest, being taken to a place where chemical testing on a forensic breath alcohol device is what is required by the State's implied consent laws.
4. Possible license suspension for not complying.
5. Legal proceedings with the Department of Public Safety, if you appeal the implied consent suspension.

Understanding what to expect can help you make better choices. Always think about contacting a law firm for legal advice. An experienced attorney can greatly impact your case.

A DUI charge in Mississippi significantly affects your driving privileges. If you refuse to provide the post-arrest testing, the Department of Public Safety may suspend your license immediately after an arrest.

Losing your driving privileges will have an impact on a person’s daily life, from getting to and from work to transporting children, to running errands. The loss of the ability to drive underscores the Legislature’s message that serious consequences will follow a DUI charge, if convicted.

Recovery of your driving privileges often involves fulfilling specific requirements. This may include completing the MASEP, installing an ignition interlock device, or even serving a suspension period. Reinstating your license is a process that demands adherence to legal obligations and conditions set by the state.

Successfully navigating DUI sentencing requires understanding various obligations set by the court. These requirements aim to deter future offenses and promote responsible behavior.

While this page focuses on 1st DUI penalties Mississippi, links in the last section below can take you information for a 2nd DUI in Mississippi, or a Southaven DUI third offense. Luckily, about 3 out of every 4 calls to our DUI law firm MS in Southaven are facing a Mississippi DUI first offense. These first offenders, though, do not need to underestimate the damage such a conviction can have on their life, going forward.

One common condition is attending the Mississippi Alcohol Safety Education Program (MASEP). This program educates offenders on the dangers of driving under the influence of alcohol, drugs or other impairing substances.

Southaven is part of Mississippi’s farthest NW corner of the state, Where the Arkansas and Tennessee links are located nearby. It is the largest city on DeSoto County, MS. The growth of this area over the past 20 years is largely due to the casino gambling nearby.

Complying with terms such as attending a victim impact panel can be crucial. These panels help offenders understand the real-life consequences of their actions, fostering a sense of responsibility and awareness. Completing these requirements can be pivotal in moving past the DUI charge and regaining your life's normalcy.

Furthermore, hiring an experienced and specialized criminal law firm is crucial. How about hiring either of the two attorneys Mississippi attorneys who co-authored and annually update the leading book on Mississippi DUI laws? If anyone knows more about Mississippi DUI laws, who else would it be other than our two co-authors on the state of Mississippi DUI laws?

A skilled criminal attorney can challenge the DUI Mississippi evidence, negotiate plea deals, or even dismiss charges. Understanding this legal distinction helps alleviate some stress following a DUI arrest.

In the sport of golf, when a person is just learning to play and hits a terrible shot, the golfer’s playing partner may say, “Hey, take a mulligan on that shot!”

This friendly “offer” to the golfing buddy means to drop another ball down and try to hit it better the next time, and don’t count that terrible first attempt. Well, in criminal defense, there are no “mulligans.”

If you choose an inexperienced legal professional and go to court and lose, you cannot start over. The same rule is true if you foolishly try to self-represent and lose, thinking you can then go hire a lawyer to “fix” this mess.

Our direct line number is 601-948-4444. The national toll-free line is 1-800-360-3847.

As with any highly important matters in life, always do your best to come out on top. This is the exact reason for our law firm’s relentless pursuit of JUSTICE by being the most prepared lawyers in any criminal law courtroom. This same effort to hire “the best” would be applied if you or a dear family member needed to have surgery performed, due to a health emergency.

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