Find a DWI DUI Drunk Driving Lawyer in your state.

• Ashland
  • Farese & Farese & Farese: In Mississippi and Tennessee, if you refused the breath test, your license is suspended for 90 days in Mississippi and 1 year in Tennessee. It is very important to obtain legal representation as soon as you receive notification from the state that your license is suspended. There is only a limited period to contest this administrative suspension, often 10 days or less.
• Batesville
  • Jeff Padgett: We understand that sometimes even good people can get into trouble. That doesn't mean that they deserve anything less than a full protection of their rights, and unless the U.S. Constitution has been overturned, (and we checked, it hasn't) a person charged with a crime is still innocent until proven guilty. We'll make sure you don't get railroaded.
• Biloxi
  • Albert Pettigrew:

    Give no statements and preserve the evidence as soon as possible.

    Refuse the breathalyzer test if there is reasonable belief you won't pass.

    Then go to a hospital emergency room or nurse as soon as you are released to be examined and have blood tested for alcohol.

• Gulfport
  • Wayne Woodall:

    How Police Officers Determine Intoxication
    Depending on the state, officers are permitted to use a variety of tests to ascertain intoxication. The types of analyses can be grouped into two types - tests that require the suspect to actually do something (also referred to as evidentiary tests), and tests where the suspect is not asked to take any action by an officer (also referred to as preliminary tests).

    Evidentiary Tests Include:

    • Blood sample
    • Standing on one leg
    • Touching nose
    • Breath testing - blowing into tube
    • Walk a straight line
    • Horizontal gaze nystagmus test (HGN) - officer tests the amount of eye-jerking in the suspect when an object is made visible to him or her

    Preliminary Tests Include:

    • Smelling of alcohol
    • Unable to stand up straight
    • Unable to walk properly
    • Slurring speech
    • Bloodshot eyes
    • Poor or erratic driving
• Hattiesburg
  • Nicholas, Perot & Strauss: Before hiring an attorney, ask if they are: * Certified in Field Sobriety Testing * Certified in Operating the Intoxilyzer Machine * Certified in Intoxilyzer Maintenance
  • Pamela Castle: Should I take the breath test? Most attorneys will have a difference of opinion on this question. You are the only one that can decide this for yourself and particular situation. However, you should know that you have the legal right refuse the breath test but that you may suffer license suspension for 90 days or for 1 year as a result, in addition to the penalties and suspension discussed above. Mississippi law states that anyone who operates a motor vehicle has impliedly given their consent to submit to the officer's request to take a test to determine their blood alcohol if that officer has probable cause and reasonable grounds to make such request. Your refusal will subject you to forfeit your license or driving privileges. However, you do have a right to request a judicial determination on whether or not your license should be suspended pursuant to your refusal. Therefore, this question is difficult to answer. If you take the test and "pass" you are in a good position. However, if you take the test and "fail", you have basically given the prosection your "confession" and although you may have other defenses available to you, it would be best if the prosecution did not have this information. Whether you submit to the test or not, ALWAYS ask for a blood test and/or obtain one for yourself immediately upon being released. The results should be provided to your attorney and NEVER provided to the police willingly.
• Hernando
  • James Franks: Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a stressful experience. Penalties for this offense may include suspension or loss of license, increased insurance rates, jail or prison time, probation, serious fines, and a permanent criminal record. An experienced criminal and DUI / DWI defense lawyer can make a great difference in the outcome of your case.
• Jackson
  • Beverly Poole: DUI   Being arrested for driving under the influence of drugs or alcohol can be devastating.
  • Rundlett Law Firm: In Mississippi, if you are stopped for impairment testing and refused the test, you face an automatic suspension of your license, which can last from between 90 days to one year. An appeal from a suspension must be started right away, since you have only 10 business days to file one once you are on notice of suspension. Do not hesitate to contact a lawyer with experience in challenging DUI-related suspensions. Even if you cooperated with the testing procedure, you can still face a suspended license if your result exceeded the legal limit. Drinking and driving itself isn't a crime; you must be shown to be impaired. A conviction for DUI will go on your criminal record, so do not dismiss the importance of defending yourself in court the best that you can. You will certainly need to have an attorney who can assure that your rights are protected, and appeals from initial suspensions still need to be made immediately. Your lawyer can help you challenge roadside tests or breathalyzer results; reduce or dismiss charges; or seek creative resolutions such as conditional discharges, diversions, alternative sentences or plea bargains.
  • Brumley & Smith: In most cases, an officer who suspects that you may be impaired will ask you to perform some field tests. Most of these tests are divided attention tests. In other words, the test is designed to test both your ability to understand direction and your physical ability. You have no legal requirement to perform a field sobriety test and there is no penalty based upon refusal alone. Most people believe that they can perform these tests better than they really can. Many people cannot perform these tests on their most sober day. If a person has any physical problems, is fatigued, on medications, or just lacks much coordination, then a quick explanation of this condition to the officer and a respectful refusal will be an appropriate response in most cases.
  • Vick & Baxley: Before, During, and After an Arrest for Driving Under the Influence
  • Victor Carmody: Should the police stop you, know your legal rights... Most Americans, don’t know their legal rights, particularly when a roadside (traffic) "stop" or arrest is involved. In fact, there are a lot of misconceptions about legal rights.  Here are just a few:
    • Most people believe that they are guaranteed the right to call an attorney for advice. WRONG.
    • Most people believe that they can talk the officer into letting them go. NOT ANY MORE.
    • Many people believe that by cooperating with the officer in doing roadside tests they will be able to convince the police not to arrest the. NOT SO, IF YOU ARE A DUI SUSPECT.
    • From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime in being committed or is about to be committed.
  • Vick, McNees & Herring:
    • After your release, immediately speak to a friend or any witnesses who can testify as to your condition upon release from custody.
    • Make a list of witnesses to be called later if needed and record all you remember about the events that have occurred.
    • If you feel that you were not legally intoxicated, immediately go to a private doctor or clinic to obtain a blood alcohol test.
    • Contact an experienced attorney as soon as possible.
  • Braddock Law Firm: Although you already realize the seriousness of a DUI arrest, you might not realize the penalties for a DUI conviction in the State of Mississippi. First, you should realize that in the State of Mississippi, first and second DUI convictions within a period of five years are classified as misdemeanors. However, a third DUI conviction is a FELONY if it occurs within five years of being convicted for a first offense DUI. The following penalties and fines exist for DUI convictions in the State of Mississippi as of September 2000.
• Gulfport
  • Coxwell & Associates: A DUI charge that at first glance seems hopeless can often abound with factual or constitutional defenses. For example, the officer may have made an unconstitutional stop; a brief investigatory detention to check a driver's license may exceed its lawful scope; an unconstitutional roadblock may have been conducted; improper field sobriety tests may have been administered; the officer may have given the tests improperly, etc. The list goes on and on.
• Pascagoula
  • Keith Miller: The Fifth Amendment of the U.S. Constitution provides that no persons shall be compelled to be a witness against himself..." This guarantee also applies to the states and has been interpreted to mean that individuals have a right to be free from giving self-incriminating testimony, including statements to police while in custody. The right to be free from self-incrimination forms the basis for other liberties such as the Miranda rights to remain silent and to an attorney. In order to be entitled to be read their Miranda rights, the individual must be in custody of and about to be interrogated by the police. However, even where Miranda rights are required, several exceptions exist rendering Miranda violations by police inconsequential.
• Tupelo
  • Nickels & Weddle:

    Did You Know?

    • That it is not illegal per se to drink and drive in Mississippi
    • That you are not required by law to take any so called field sobriety tests
    • That you do not have to tell the officer if you have been drinking
    • That you should always ask to speak with your attorney prior to being tested on the intoxilyzer - it may be in your best interest to refuse the test
    • The best defense to a charge of D.U.I. is an aggressive attorney acting as your advocate every step of the way