1. Refusing a Breath Test

    One of the most frequent questions, when it comes to a DUI, is “should you blow?” or otherwise submit to a breath test. When pulled over and the officer suspects you of driving under the influence, he may ask you to submit to a breath test. In the event you refuse, your license could be suspende…Read More

  2. Use of an Interlock Device While Resolving a DUI Charge

    In the event you are facing DUI charges you may lose your driving privileges. For example, as included in the post on the nonadjudication of a DUI offense, while undergoing the nonadjudication process you may have to surrender your license. However, there are ways to avoid this, primarily through th…Read More

  3. Facing a Breath Test, DUI Defense Part 2

    Following the initial stop and an officer’s suspicion that you are operating a motor vehicle under the influence of alcohol, you may find yourself facing a breath test. Under Mississippi’s implied consent law the police have the right to request that you submit to a breath test. You will also li…Read More

  4. DUI the Initial Stop, Part 1

    Being charged with a DUI in Mississippi is very serious and if convicted can have far reaching consequences. Accordingly, it is important to know what options and defenses are available to you as a defendant. In order to be found guilty of Driving Under the Influence the prosecution must prove that …Read More

  5. Mississippi Getting Tough On DUI/DWI

    The advocacy group Mothers Against Drunk Driving (MADD) ranks the states in an annual report concerning how strict the DUI laws are in various states. MADD in determining the rankings considers a number of factors, including the amount of special training officers receive in detecting signs and beha…Read More

  6. Various Levels of a DUI Offense

    Generally speaking, Mississippi has several forms or types of DUI's or Driving Under the Influence crimes, including: DUI/DWI First Offense, this is driving while over the legal blood alcohol content level which is 0.08.  There is also what is referred to as DUI Other and is similar to alcohol rela…Read More

  7. From Minor to Major

    In the event a driver is pulled over, even due to a minor traffic violation, this may give the officer the opportunity to discover more serious circumstances, such as a driver being under the influence. As is a fairly common occurrence, a driver is pulled over for a minor traffic violation but when …Read More

  8. From Careless Driving to Criminal Charges

    Drivers often are confused or simply unaware of what types of actions give the police the right to make a traffic stop. Often the police claim “careless driving” as the reason for making a stop. “Careless driving” according to Mississippi law does give police a broad area in which to work wh…Read More

  9. Breathalyzer Test Protocols

    When a driver is suspected of “drunk driving” (DUI), and the police wish to employ the Intoxilyzer 8000 or to use the results of an Intoxilyzer 8000 test, certain protocols must be followed. One of the requirements for the Intoxilyzer 8000 test results to be admissible as evidence is a twenty-mi…Read More

  10. Admissibility of Intoxilyzer Results

    Most drivers have heard of breath tests, and the use of the Intoxilyzer machine when suspected of DUI. While this test can provide important evidence for the prosecution, it is at times not allowed as evidence in a drunk driving case. It is important to confirm a number of requirements imposed upon …Read More