Mississippi DUI News

In this line of business, we attorneys come across new and improved quackery that is supposed to help drinkers keep track of their blood alcohol content and whether they should be out on the road behind the wheel. However, last week, I encountered the Breathometer. What a name! (Seewww.breathometer.com for information.) This new piece of tech supposedly can give a user their current BAC levels, how many hours it will be until they are sober, and it is super portable. ... Read More »

A “Scarlet Letter” bill designed to shame repeat DUI offenders into compliance with the law has recently been proposed in Mississippi. State Rep. Gary Chism drew attention for suggesting a “Scarlet Letter Tag bill” that would require individuals convicted of two or more DUI’s in the State of Mississippi to have a “Scarlet Letter” tag on their license plate.[1] The tag would be yellow with red writing on it and the idea behind the bill is to use social stigma ... Read More »

Some media would have you believe that police only pick on those at the lower end of the socioeconomic spectrum. But our firm continually provides the bulk of our DUI defense services to those situated toward the upper end of the spectrum. The truth is, especially when it comes to drunk driving, that anyone can and likely will be arrested for DUI, and the consequences can be just as severe, regardless of who you are. As a case in point, ... Read More »

Many police agencies in Mississippi are adopting a common practice of obtaining warrants for blood when a suspect refuses a breath or other tests. And this is generally done on a case-by-case basis. But the Mississippi Highway Patrol (MHP) took things to a new level this month by establishing a no-refusal checkpoint, as reported here. Over the recent Labor Day weekend, MHP set up a no-refusal checkpoint in Oxford, MS, home of The University of Mississippi, a.k.a. Ole Miss. “What ... Read More »

In our recent blog we noted one of the key changes to Mississippi DUI law that will become effective October 1, 2014. Another major change is that DUI convictions will now be eligible for expunction. Previously, DUIs could be expunged from your arrest record only if you were found not guilty, the case was dismissed, or you were otherwise not convicted. But under Mississippi Code Annotated § 63-11-30(13), as of October 1, 2014, certain DUI convictions will be eligible for expunction. ... Read More »

Last year we wrote this blog about some of last year’s changes to Mississippi’s DUI law. This year,however, even more changes were included in Mississippi House Bill 412. The updates are numerous and will take effect on October 1, 2014. Of all these changes, however, nonadjudication must be the most talked about. While called different things in various states, nonadjudication simply means that the guilty plea is withheld and the case is dismissed once the offender completes certain court-imposed conditions. In other words, it’s a ... Read More »

When most people think about a DUI arrest or conviction, they immediately think about spending the night in jail or having to pay a fine.  But those are just the most obvious effects.  In Mississippi, there is also mandatory alcohol safety education, a victim’s impact panel, and high-risk insurance, all of which add significantly to the costs and time involved; the insurance alone can cost thousands of dollars in increased premiums.  But what many people overlook is potentially the most significant ... Read More »

When defending a person charged with DUI, one of the most important questions is whether or not they submitted to a breath, blood, or urine test.  Because the truth of the matter is that it is sometimes difficult to win when there is, for example, a blood test showing a BAC of .13%.  But as law enforcement agencies strive to make DUI detection more scientific, the pitfalls become more evident; and there are plenty of them. Generally speaking, the scientific ... Read More »

It is common knowledge at my office that the Mississippi Highway Patrol, as well as some other agencies, is generally unresponsive to discovery requests in trial court, for whatever reason.  Typically, our requests for police reports and notes, audio and video records, and other evidence are ignored; we will get to see the evidence when we show up for court.  But what happens when that evidence is lost or destroyed before an appeal can be prosecuted, and before the defendant ... Read More »

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »