Mississippi DUI Lawyers

Providing Clients with Skilled DUI Defense Help

Mississippi police officers are trained to find and apprehend intoxicated drivers on the roads throughout Oxford and the rest of Lafayette County. In their enthusiasm to keep residents and visitors safe from impaired drivers, some police officers overstep their boundaries. While the intentions of the law and those who enforce it may be good, being arrested and convicted of driving under the influence can have a devastating impact on you and your family.

If you’ve been accused of DUI in Oxford or the surrounding area, a skilled DUI lawyer can challenge your arrest and help limit the consequences you’re facing. At Tannehill Carmean, PLLC, we have years of experience fiercely protecting the rights and freedoms of clients who have been accused of breaking the law. This is not something you can or should leave to chance. Contact our law office today to schedule an initial consultation with a Mississippi DUI attorney who will guide you through the legal system.

How Does Mississippi Law Define a DUI?

In the state of Mississippi, it is unlawful to operate a motor vehicle if you are drunk or high. In most cases, this means you could get a DUI if your blood alcohol content (BAC) is 0.08 or higher if you are over the age of 21. The law is stricter if you’re under 21 and therefore not legally allowed to consume alcohol, in which case the legal limit is just 0.02 percent.

You could be charged with a DUI even if you’re 21 or older and your BAC is lower than 0.08 percent. For example, if you have a commercial driver’s license, your legal BAC limit is 0.04 percent whether you’re driving a personal or commercial vehicle at the time of the arrest.

Additionally, you could get a DUI if your BAC is lower than 0.08 percent, but your ability to drive is impaired by any amount of alcohol or drugs. This is up to the police to determine based on their observations before and during the arrest. Of course, you have the legal right to fight any criminal charges against you, and an experienced criminal defense lawyer can help. Call our law firm today to schedule a consultation with a trusted Oxford, MS DUI attorney.

What Are the Penalties for a DUI in Mississippi?

The penalties for a DUI conviction in Mississippi can be severe enough to affect your life for years to come. After all, the point of harsh criminal penalties is to prevent people from breaking the law and putting themselves and others in danger. For this reason, the penalties for a DUI are more serious for repeat offenders with prior DUI offenses on their criminal record.

The punishment for a DUI in this state includes costly fines, jail time, community service, loss of driving privileges, and mandatory attendance at drug and alcohol programs. More specifically, the penalties for a first, second, and third DUI for an adult non-commercial driver include:

First Offense

  • Fines up to $1,000 plus court costs
  • Up to 48 hours in jail
  • Driver’s license suspension up to one year
  • Alcohol safety and education program

Second Offense (within five years)

  • Fines up to $1,500 plus court costs
  • Up to one year in jail
  • 10 days to one year of community service
  • Driver’s license suspension up to two years
  • Vehicle immobilization or impoundment for a license suspension term

Third Offense

  • Fines up to $5,000 plus court costs
  • Up to five years in prison
  • Driver’s license suspension up to five years
  • Vehicle seizure and the sale of your vehicle
  • A felony conviction, which makes it difficult to own a firearm, vote, get a loan, or obtain employment

There are usually increased penalties for DUIs that involve aggravating circumstances. For example, if a DUI resulted in a fatality, the penalty is a prison sentence ranging from five to 25 years. If you were transporting a minor aged 16 or younger while driving under the influence, you could be charged with child endangerment DUI and face up to one year in jail and $1,000 in fines.

If you are a student at the University of Mississippi, you could face additional consequences for a DUI arrest or conviction, including expulsion. The personal and societal repercussions can impact your life, as well. You may have increased car insurance premiums, social stigma, and limited career options because of a DUI conviction.

Whether you’re facing a first-time misdemeanor DUI charge or a felony charge for a third DUI, it’s a good idea to consult with a trusted Mississippi drunk driving attorney to determine your legal options. Otherwise, you could end up with harsh penalties you don’t deserve to be subject to. When you’re ready to fight your charges with a compassionate attorney by your side, call our law firm for legal representation.

What Happens During an Arrest for a DUI in the State of Mississippi?

Police officers have a duty to follow specific procedures when tasked with keeping the public safe. Even if they believe someone is a threat to public safety, they must abide by state and federal laws when making an arrest, ensuring they don’t violate the suspect’s legal rights. If you believe the police officers in your case disregarded your rights or made a mistake when arresting you, it’s helpful to know how a DUI arrest is supposed to go so you can protect your rights with assistance from a skilled DUI attorney.

First, law enforcement officers must have probable cause, meaning a legitimate reason, to stop your vehicle. Some examples of this include speeding, erratic driving, ignoring traffic signals, or driving without headlights at night. At the stop, an officer can ask you to submit to a field sobriety test to gauge whether you’re impaired and should undergo further testing. Field sobriety tests are subjective at best, and you are under no obligation to agree to them.

Whether you fail the field test or refuse it, the police could arrest you for DUI if they’ve noticed signs of impairment. At that point, they can take you to the police station and ask you to take a chemical test to determine your BAC. If you refuse to take the blood test, your driving privileges could be automatically suspended for a period of 90 days to one year. If this is your situation, you should consult with a trusted drunk driving defense attorney immediately about your legal options. An experienced Mississippi DUI attorney knows how to defend you against serious charges, so call our firm today to learn more.

Will Your Driver’s License Be Suspended After a DUI?

In many cases, your license will be suspended immediately after an arrest for DUI in Mississippi. Once the police seize your license, they will likely give you a temporary driving permit that allows you to keep driving for 30 days while you await your first court appearance.

Your DUI defense attorney may be able to prevent the DMV from revoking your license by acting quickly and requesting a hearing within 10 days of your arrest. Doing so allows your lawyer to argue on your behalf to try to avoid an automatic license suspension, often by agreeing to install an ignition interlock device on your vehicle for a specific period of time.

The ignition interlock device requires you to blow into it to test your breath for alcohol before you start the car and periodically as you’re driving. If you fail the test due to alcohol in your system, your car will be disabled and you’ll lose your right to drive for several months. However, if you use the ignition interlock device properly and refrain from drinking before driving, it will give you a chance to keep driving until your case is over.

Note that the administrative license suspension is separate from your DUI case, which will be handled by the criminal court. This means your license could be suspended right away, even if your case is eventually dismissed or you’re found not guilty of the crime. Of course, if you are found guilty, your license suspension will continue for anywhere from months to years, depending on the details of your case.

For example, if you’re a first-time offender, the minimum license suspension period is typically 120 days, while a second offense may result in a one-year suspension. You’ll typically have to complete certain requirements, such as taking alcohol treatment courses and paying fines, before your license can be reinstated. You should also be prepared to pay increased insurance premiums once you have a DUI on your driving record, as most insurance companies will consider you to be a higher risk and charge accordingly.

If you need to retain your right to drive throughout your case, you must request an administrative hearing immediately. Our firm can represent your interests during this hearing, as well as during every other step of your criminal case, so call us today for a consultation with a DUI defense lawyer.

What Are Some Potential Defenses to Use in a Mississippi DUI Case?

After spending years learning effective defense options in law school and practicing law throughout this state, we can tell you that no case is hopeless. There are potential defenses against even the most compelling evidence. Every case is unique, but some of the defenses we may be able to argue on your behalf include:

  • Lack of probable cause: With the exception of roadblocks and DUI checkpoints, a law enforcement officer must have probable cause to pull you over. If none existed in your case, any other evidence they obtained after the stop could be ruled inadmissible in court.
  • Violation of your rights: If you made a statement to the police, it can’t be used as evidence against you if they failed to read you your Miranda rights first.
  • Other explanations: There might be other explanations for your behavior or appearance, such as a medical condition.
  • Faulty testing: A police officer may not have been properly trained on the use of a breathalyzer machine, or the machine might have been poorly maintained.

Our team will review your case before deciding which defense option makes the most sense given the evidence. You can trust that we have your best interests at heart and will work tirelessly to achieve a favorable outcome. Call us today to get started.

Is This a First-Time DUI Offense in Mississippi?

While the ideal outcome is to have your DUI charges dismissed, this may not be possible in every case. If you are a first-time offender, your DUI lawyer may be able to help reduce your consequences.

The courts can withhold adjudication in certain cases as long as the accused completes certain requirements. Mississippi’s non-adjudication program acts as a diversion program, allowing first-time DUI offenders to avoid a conviction. To be eligible for non-adjudication, defendants are not allowed to have any prior non-adjudications on the record, and they must not have any prior convictions or DUI charges pending.

Beyond keeping a DUI conviction off of your record, Mississippi law also has ways to get a charge expunged from your record, provided you meet the eligibility requirements. A knowledgeable attorney will inform you of these requirements and guide you through the process, so please contact our office today.

How Can an Experienced Oxford, MS DUI Defense Attorney Help You?

If you’ve been arrested for DUI in Lafayette County, the longer you wait to speak with an attorney, the more you put your case at risk. At Tannehill Carmean, PLLC, we use proven strategies to defend our clients against DUI and related charges. When you hire us, we will protect your rights in court. Additionally, if you are a student at the University of Mississippi, we can represent your interests in front of a University Judicial Council hearing to help minimize the effects of this charge on your life.

Anyone facing a DUI charge in Lafayette County, MS, should not do it alone. You need knowledgeable and skilled legal counsel on your side. If you’re ready to learn more about our legal services, call 662-200-8734 to schedule an initial consultation with the caring team at Tannehill Carmean, PLLC.