1. Minor in Possession in Oxford

    Mississippi law prohibits not drinking alcohol if you are under the age of 21 but also possessing alcohol if you are under 21.  This obviously can pose a problem for college students across the State as many choose to participate in consuming alcohol.  While MIP is a misdemeanor, if convicted, a m…Read More

  2. Public Drunk in Oxford

    Mississippi Code Annotated Section 97-29-47 succinctly defines "public drunk" as: "If any person shall profanely swear or curse, or use vulgar and indecent language, or be drunk in any public place, in the presence of two (2) or more persons, he shall, on conviction thereof, be fined not more than o…Read More

  3. Breath Test Refusal

    One of the most common questions I receive when it comes to DUI charges is should a driver submit to a breath test.  While there is not necessarily a right or wrong answer to that question, I do want to clarify a few misconceptions about breath tests. 1.  First, Mississippi's "implied consent" law…Read More

  4. Expungement

    If you are charged with a crime and are found guilty of the charges you will have a "record."  This negative blot on your history can and will follow you around, impacting employment opportunities, your ability to obtain a scholarship, or perhaps to get into graduate school. What is surprising to m…Read More

  5. Administrative License Suspension DUI

    In Mississippi, if you either refused to submit to a breath, blood, or urine test, the state will attempt to suspend your license or privilege to drive for 90 days to one year. This loss of your right to drive will occur even without you being convicted of DUI.  Once you have refused to submit to a…Read More

  6. Refusal to Blow and License Suspension

    In Mississippi a driver may have his/her license suspended as a result of refusing to "blow" when suspected of driving under the influence (DUI).  In the event you find yourself pulled over and facing a breath test to determine your blood alcohol level, your refusal will result in your license bein…Read More

  7. Public Intoxication

    Public intoxication, also known as "public drunk" or "drunk in public" is an interesting topic.  The main point of interest is how the law defines public.  According to Miss. Code Ann. § 97-29-47 "If any person shall profanely swear or curse, or use vulgar and indecent language, or be drunk in a…Read More

  8. Mississippi Open Container Laws

    Mississippi is the only state which does not expressly prohibit the possession of an open container while driving. However, before you hit the backroads with an open can/bottle of your favorite alcoholic beverage, a few things should be considered: First, no matter the scenario, if you are caught op…Read More

  9. DUI First and Subsequent Penalties

    In previous posts the penalties associated with a first conviction of Driving Under the Influence (DUI) have been discussed.  In this post I just wanted to a brief synopsis on the penalties associated with not only a first DUI conviction, but the penalties associated with convictions up to being co…Read More

  10. DUI Defense Strategies

    Each situation resulting in a DUI (driving under the influence) charge is unique and therefore requires steps and defense strategies tailored to that particular situation. After gathering all of the facts and investigating the evidence against you a defense attorney should consider your particular s…Read More