Arrested For DUI?


If you have been charged with a DUI you need an experienced DUI Attorney in Jackson, like DUI Defense Attorney Joey Franks, has your back. The Big Man will fight for you and defend your rights.

Hiring a DUI Defense Lawyer is always beneficial. They’ll meticulously review your arrest records. They’ll scrutinize all police body and dash-cam videos for errors. Furthermore, they’ll examine arrest records and check testing equipment calibration and certification. Their extensive knowledge aids in your defense.

How is a DUI Defined Under Mississippi State Law?

In Mississippi, DUI laws exist in two forms. The first is a common law DUI, when an officer believes a person is impaired while driving on state highways. Here, field sobriety tests are relevant.

However, there’s also a statutory DUI, triggered when someone’s blood alcohol content exceeds 0.08. In this case, field sobriety tests become irrelevant as the person is already legally intoxicated.

In this situation, hiring DUI attorney in Jackson, MS is crucial to protect you from severe legal consequences.

What Happens after Someone is Pulled Over on Suspicion of DUI in Mississippi?

In most cases, an officer stops a person for a minor traffic violation or at a DUI checkpoint. The officer approaches the vehicle and asks for the driver’s license, registration, and insurance. Usually, the officer claims to smell alcohol, creating reasonable suspicion.

Next, the officer inquires if the driver has been drinking. Many admit to having one or two drinks. Such an admission provides the officer with the probable cause for a DUI stop.

The officer then requests the driver to take the portable breath test (PBT). This test, not admissible in court due to lack of calibration, offers further information. If the PBT shows a low alcohol level, the officer may suggest field sobriety tests. However, if the PBT shows no alcohol, the officer might suspect impairment by another substance, like marijuana.

No one must consent to field sobriety tests. Refusal only registers when someone declines to use the Intoxilyzer, a certified DUI machine. After using the Intoxilyzer, it prints a detailed readout. The Mississippi crime lab calibrates and certifies this machine, and its operator must also be certified. If it shows a blood alcohol level of 0.08 or higher, the driver faces a DUI charge.

What Happens if I Refuse a Breath or a Blood Test in Mississippi?

In Mississippi, if you refuse a breath or blood test, you’ll lose your license for 90 days. The state mails you a letter, starting a ten-day window for petition filing. You file this petition in county court to review your test refusal. If your county lacks a court, you must file in circuit court. Then, a hearing determines if you really refused the Breathalyzer test.

Commercial drivers refusing a test face a one-year suspension, potentially ending their careers. Regular license holders could qualify for a restricted interlock license. This requires using a car-installed portable Breathalyzer. You blow into it before and while driving. After the administrative period ends, you can reinstate your license and remove the device.