Mississippi DWI/DUI Lawyer
If you live in Mississippi, were vacationing or visiting there, conducting business, or just passing through on your way to another locale and you were stopped and arrested on a DWI (driving while intoxicated) or DUI (driving under the influence) charge, you need to find an experienced lawyer in Mississippi to help plead your case.
You must file a challenge, or an appeal, of your case immediately. In many states, you only have 7 to 10 days to file a challenge or you could lose your driver’s license without the benefit of a hearing.
A DWI or DUI offense is a serious charge and one that should not be taken lightly. You will need the help and advice of an experienced Mississippi lawyer to help you navigate through Mississippi’s court system. The DWI and DUI laws are complicated, complex, and ever-changing. You need a lawyer licensed in Mississippi who is familiar with DWI and DUI laws.
In Mississippi, if you are stopped and found to have a blood alcohol concentration (BAC) level of 0.08 or greater, your driver’s license will be immediately confiscated by the police. You must request the above-mentioned hearing with the Mississippi Department of Motor Vehicles (DMV) immediately in order to try to protect your right to drive by appealing your suspension.
Also, if you refuse to take a BAC test, your driver’s license will be suspended. In Mississippi, you are allowed to file a “refusal petition” within 10 days of your arrest. By doing so, you may be able to receive a temporary 45-day license which will allow you to continue to drive while waiting for your hearing. Something to remember about this policy is that if you refuse to take a test and you are eventually found not guilty of the DUI charge, your license will still be lost to you for 90 days.
Penalties
First Offense
- Driver’s license suspension for up to one year
- Monetary fines ranging from $250 to $1,000
- Jail time, at least 48 hours
- Attendance at a victims’ impact panel
- Attendance at a Mississippi Alcohol Safety Education Program (MASEP)
Second Offense
- Jail time, ranging from 5 days to one year
- Monetary fines ranging from $600 to $1,500
- Driver’s license suspension for two years
- Community service
- Vehicle impoundment possible
Third Offense
- Jail time, from 1 to 5 years
- Monetary fines ranging from $2,000 to $5,000
- Your vehicle will be seized and sold
- This will be a felony conviction
- Driver’s license suspension for 5 years
Also, if during the course of your DWI or DUI charge, there was an accident that involved injury to a person or property damage, your fines and sentences will be tougher.
Another thing to remember about a DWI or DUI conviction is that if your driver’s license is returned to you, your insurance premiums are bound to increase significantly. A conviction will also be on your permanent record. A future employer could order a criminal background check on you, see your DUI conviction and possibly decide not to hire you. You should find and hire a Mississippi lawyer who can help you win your DWI or DUI case in court or at least get the charges reduced.
When you hire an experienced Mississippi lawyer, he or she is going to examine your case page by page. A knowledgeable lawyer in Mississippi will know what items to challenge and what questions to ask before a judge. Some of the challenges that could be made to your DUI case are:
- For what reason did the police officer stop your vehicle? A police officer has to have a valid and reasonable cause to believe a traffic violation or other violation was taking place in order to pull your vehicle over.
- If a blood, breath, or urine test was administered, how can it be proven accurate? Was the equipment old or new? When was the last time the equipment was serviced?
- Was the person administering such a test skilled and trained to do so?
Info™ State DUI DWI Information: