Gulfport Felony DUI Lawyer

Gulfport Felony DUI Attorney

Felony driving under the influence (DUI) charges are more serious and come with harsher penalties than misdemeanor DUI charges. You could face incarceration, large fines, license suspension, and the loss of your voting or gun ownership rights. You need to contact a Gulfport felony DUI lawyer who can review the facts of your case and help you decide what the most appropriate next steps are for your case.

Hire a Felony DUI Lawyer

When you hire a felony DUI lawyer from Miller Law Offices, you gain an ally who can help you navigate the complicated criminal justice system. Your lawyer can represent your interests during negotiations and in court while upholding your rights. You deserve strong legal representation from a lawyer who understands Mississippi’s legal system. Founding attorney Kyle Miller is a strong advocate when representing residents facing DUI charges.

DUI Prevalence in Mississippi

The legal blood alcohol concentration (BAC) in Mississippi is 0.08%. According to the Mississippi State Department of Health, as of 2023, over 150 Mississippi residents die each year in vehicle accidents that involve an impaired driver. Nationally, more than 10,000 people are killed in alcohol-related accidents each year. According to TRIP, A National Transportation Research Nonprofit, Mississippi’s traffic fatality rate was the highest in the nation in 2024.

If you receive a felony DUI charge in Gulfport, your initial appearance and bond hearing should be handled by the Harris County Justice Court. After your initial appearance, if your charge goes to court, your case is then heard by the Circuit Court. Both courts are located in the Harrison County Courthouse Gulfport.

Field Sobriety Testing

If you are stopped by law enforcement for a suspected DUI, the first thing they usually request is for you to participate in field sobriety testing. These tests are designed to demonstrate if a driver is impaired, but they can be subjective. Common field sobriety tests include:

• Horizontal Gaze Nystagmus test. Officers watch the movements of your eyes for involuntary jerking as you track an object.
• Walk-and-Turn test. Officers observe your balance, coordination, and direction following abilities as you walk heel-to-toe along a straight line from one end and back.
• One-Leg Stand test. Officers can watch your balance and ability to follow directions as you stand on one leg without swaying, using your arms, or lowering your foot.

Failing a field sobriety test can lead officers to arrest you for impaired driving, but you have the right to refuse these tests. There are many reasons someone could fail a field sobriety test unrelated to intoxication, including:

• Weather conditions
• Road conditions or lighting
• Medical issues, including illness or injury
• Feeling nervous
• Improper administration of the test

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Felony DUI Court Process

After your initial appearance and plea, the time until trial can take months. During this time, your attorney can negotiate with the prosecution to have your charges reduced or to agree on specific terms for a plea agreement. If you are initially charged with a felony, your attorney may be able to negotiate for a misdemeanor charge or file motions to have evidence suppressed.

If a plea agreement can’t be negotiated, the next step is to take the case to trial. The prosecution and the defense have the opportunity to present evidence to the judge and jury. Once both sides have presented their case, the judge or jury decides whether there is enough evidence to conclude that you were driving impaired beyond a reasonable doubt.

FAQs

How Much Does It Cost to Hire a Felony DUI in Mississippi?

The cost to hire a felony DUI lawyer in Gulfport, Mississippi varies with the specific circumstances of your charges. Simple cases often cost less than more complex cases or cases that go to trial. Some attorneys charge a flat fee for their services, while others charge an hourly rate. When a lawyer charges an hourly rate, they may also require that a retainer fee be paid before work begins on your case.

What Is the Difference Between a DUI and a Felony DUI?

There are several differences between a DUI and a felony DUI. A standard DUI is usually charged as a misdemeanor and includes a 1st and 2nd offense DUI. Receiving a 3rd offense DUI typically counts as a felony charge because of the repeated nature of the offense. DUI charges that include aggravating factors are also typically treated as a felony DUI instead of a standard DUI.

Can a First-Time DUI Be a Felony in Mississippi?

Yes, there are situations in which a first-time DUI can be charged as a felony in Mississippi. A first-time DUI with aggravating factors can be charged as a felony. Common aggravating factors include causing serious bodily harm, causing death, or endangering a child. Felony charges carry longer potential prison sentences, larger fines, and a longer period of license suspension.

Can You Get a DUI Dismissed in Mississippi?

Yes, you can get a DUI dismissed in Mississippi through a process called non-adjudication. This process is only available for first-time offenders who meet the specific requirements. A guilty plea has to be entered, but the court withholds judgment until the non-adjudication conditions are met.

You have to attend the Mississippi Alcohol Safety Education Program and use an ignition interlock device for 120 days. You are not eligible for non-adjudication if you hold a commercial driver’s license.

Can I Refuse Field Sobriety Testing in Mississippi?

Yes, you can refuse field sobriety testing in Mississippi, as these tests are considered voluntary. However, when you refuse field sobriety testing, it often leads to an immediate arrest. Once arrested and brought to a local police station, you do have to take chemical testing. Refusing to take a chemical test is illegal under Mississippi’s implied consent law. DUI lawyers often recommend refusing field sobriety tests as they can be unreliable.

Contact the Miller Law Offices

Kyle Miller is a strong advocate for DUI-related matters and is a member of the National College for DUI Defense. If you are facing charges of a felony DUI, you need to take the charges seriously, as they can have serious repercussions in your personal and professional life. Contact Miller Law Offices today to schedule your initial consultation.

Gulfport Felony DUI Lawyer Reviews