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DUI — First Offense

Defending first-offense driving-under-the-influence charges in Mississippi.

If you have been arrested for driving under the influence, we can provide the representation you need. What is important now is that you make the right decision when hiring a lawyer.

If you are found guilty, the charge becomes even more costly. In addition to a suspended driver’s license, there are court fees, fines, and increased insurance premiums to consider. A DUI conviction will stay on your driving record for five years, and the charge will stay on your driving record for life unless expunged.

When Are You Legally Under the Influence?

It is unlawful to drive while under the influence of alcohol or any other substance that impairs your ability to operate a motor vehicle. You are legally under the influence if you have a Blood Alcohol Concentration (BAC) higher than:

0.08% for most drivers;
0.04% for commercial drivers; or
0.02% if you are under 21.

Field Sobriety Testing

Any person driving on public roads is deemed to have consented to a chemical breath, blood, or urine test if stopped with probable cause. We are often asked whether you should take field sobriety and breathalyzer tests. Because every situation is different, there is no one-size-fits-all answer.

If you refuse to take the test when requested, and it is your first potential DUI conviction, the refusal carries an automatic 90-day suspension of your driver’s license and a fine of at least $250.00. Your driver’s license may be immediately taken from you, and you may still be arrested. Refusing the test is no guarantee that you will not still be convicted of DUI, and some judges look more unfavorably on someone who refuses to take the test. While you can refuse a field sobriety test, doing so is often not your best option.

What to Do After You Are Arrested

As with any criminal misdemeanor or felony charge, the deck is often stacked against you, and the judge is usually inclined to believe the police officer. However, there are situations where someone is wrongly charged or where the charges should be dismissed for other legal reasons. This makes your choice of lawyer a critical decision.