D’Iberville DUI Lawyer

Dedicated D’Iberville DUI Attorney

Every year, thousands of people drive their cars while intoxicated, and unfortunately, sometimes this decision results in tragedy. Driving under the influence of alcohol or drugs doesn’t just endanger the person behind the wheel. It places the lives of everyone else on the road at risk. It should thus come as no surprise that Mississippi takes DUIs quite seriously. If you’re facing these charges, you should hire a D’Iberville DUI lawyer right away.

Trust Miller Law Offices

The team at Miller Law Offices has extensive experience handling DUI cases. We’ve successfully fought for our clients’ rights and have helped reduce or even dismiss charges. Whether you’re facing a first-time DUI or a felony aggravated DUI, we can provide you with the aggressive representation you need to get a positive outcome in your case. We can also advise on expungement options when applicable, helping protect your record after a case is resolved.

Each year, over 150 Mississippians are killed in crashes involving alcohol-impaired drivers. If you’re one of the thousands of Mississippians who are facing drunk driving charges this year, you can hire a DUI lawyer to help you challenge them.

Your lawyer can explain the charges against you, evaluate the evidence, and build an effective strategy for your defense. Even if your lawyer can’t get the charges dropped, they may be able to have them reduced or advocate for non-adjudication for first-time offenders.

DUI Penalties

DUI convictions come with both criminal and administrative consequences, including the suspension of your license. Those consequences vary depending on whether it’s your first, second, or third offense within five years. Here’s what to expect:

1. First offense. For a first-time DUI, you’ll face penalties of up to 48 hours in jail, fines from $250 to $1,000, and mandatory completion of the Mississippi Alcohol Safety Education Program, along with attendance at a victim impact panel. Your license will also be suspended for 120 days.
2. Second offense. For a second-time DUI, you’ll face jail time that can range from five days to six months. You’ll also pay a fine of $600 to $1,500, complete 10 days to six months of community service, and complete a substance abuse treatment program. Your license will also be suspended for one year. There are no charge reductions or suspended sentences allowed for second-time DUIs.
3. Third offense. For a third-time DUI, the penalties increase substantially. You’ll face between one and five years in jail, fines of $2,000 to $5,000, and the mandatory completion of a treatment program. No charge reduction or suspended sentences are allowed. Third-offense DUIs, and any subsequent instances, are charged as felonies in Mississippi.

In cases of a suspended driver’s license, some offenders may be eligible to have an interlock-restricted license instead. An interlock-restricted license allows the holder to drive a car, but only if the car is equipped with an ignition-interlock system. This is a device that requires a driver to pass a breath alcohol test before the ignition will work.

Non-Adjudication for First-Time DUI Charges

First-time DUI charges are sometimes eligible for non-adjudication. It is important to understand that the five-year rule that applies when determining whether a DUI is a second or third offense does not apply in this situation. For the purposes of qualifying for a non-adjudication program, you cannot have any previous DUI charge at all, regardless of the amount of time that has passed. Under this program, you’ll enter a plea of guilty and complete the program requirements, including:

• Paying a fine of $250 to $1,000
• Paying all program-associated fees
• Completing the Mississippi Alcohol Safety Education Program
• Installing an ignition interlock device for 120 days in your vehicle
• Attending a victim impact panel
• Completing random alcohol and drug testing
• Committing no traffic violations

If you successfully meet all program requirements, your DUI charge won’t be entered into your criminal record. To be eligible for non-adjudication, your DUI charge must have no aggravating factors. If law enforcement requests chemical testing, you have to comply to be eligible for alternative sentencing.

Kyle Miller

Call For A Consultation
(228) 762-8912

Contact Kyle

Aggravating Factors

In rare cases, DUIs can become felonies. If you cause death, disfigurement, or serious bodily harm to someone as a result of your drinking and driving, it’s considered an aggravated DUI charge under Mississippi Code 63-11-30(5), punishable by not less than five years and up to 25 years in prison for each victim, charged as a separate felony for each person killed or injured. You’ll also have to maintain an ignition interlock device on your vehicle for five years.

In Mississippi, you can also be charged with a child endangerment DUI if you’re transporting a minor aged 16 or younger with a BAC of 0.08% or above. If the child isn’t injured, you’ll face slightly higher penalties, including a $1,000 fine and 12 months in jail for first offenses.

If the child is injured or killed, the previously mentioned felony penalties apply.

Hire a DUI Lawyer

Any time you think you might be facing a DUI charge, even if no formal charges have been filed yet, you should contact and retain a DUI lawyer as soon as you possibly can. The earlier you bring an experienced attorney into the situation, the earlier your lawyer can begin gathering information about your case and building a defense.

It is also important to note that a seasoned lawyer who has spent a lot of time defending clients against DUI charges will be familiar with what to look for in terms of rights violations in such cases. The American justice system depends on an assumption of innocence until guilt is proven, as well as adherence to strict rules during investigations and criminal proceedings. These laws exist to protect the rights of American citizens and prevent abuses of power from people in positions of authority.

For example, when a police officer makes a stop, they must have reasonable suspicion that something illegal is happening. Furthermore, there must be reasonable suspicion or probable cause to suspect further illegal activity to prolong a traffic stop for purposes such as field sobriety tests, vehicle searches, and other police actions. If you think you were stopped illegally, any evidence that officers gathered following the stop may be inadmissible in court. A competent lawyer can argue this on your behalf.

In some cases, violations of your constitutional rights could result in a dismissal of the charges against you, particularly if the violation occurred prior to the gathering of any relevant evidence.

How to Choose an Attorney to Defend You Against DUI Charges

Although all licensed and practicing attorneys must meet the same basic requirements, not all lawyers are the same, and areas of emphasis matter. For instance, you probably would not want a lawyer whose practice focuses on personal injury claims to defend you against DUI charges. You need an attorney who has extensive experience with DUI cases, both first offense and subsequent.

Your lawyer should be able to tell you about defense strategies they have used before to defend clients against DUI charges, and they should be comfortable discussing their familiarity with Mississippi’s DUI laws, as well as their track record of client results.

Potential Defenses Against DUI Charges

It can be difficult to successfully defend against DUI charges, particularly since such charges are often supported by scientific evidence like breathalyzer results and toxicology results. However, there are several defense strategies your attorney might employ to help defend you or at least reduce the severity of the consequences for your charges. A few potential strategies are as follows:

• Unlawful stop. As previously discussed, police officers generally must have reasonable suspicion that illegal activity is occurring to stop someone on the road. There are some exceptions to this, such as for DUI checkpoints, but under normal circumstances, police officers cannot make a traffic stop without a primary reason to do so. Your attorney could defend you by arguing that the officer who stopped you had no legal reason to do so.
• Challenging scientific results. It is possible for breathalyzers to be faulty. Likewise, it is possible for blood toxicology results to yield false positives, whether due to the presence of substance-mimicking compounds in the blood (such as poppy seeds) or because of test errors. If you believe that your results were falsely positive, your lawyer can argue that fact in court.
• Not actually impaired. If you have been charged with a DUI, but you were not impaired at the time, your lawyer can present evidence to this effect on your behalf. There are a wide variety of circumstances that can lead to the appearance of impairment, even when a person is sober. For example, some medical conditions, disfigurements, or even fatigue can make a person appear unsteady.
• Challenging field sobriety results. When a police officer suspects that someone is driving under the influence of alcohol or drugs, they often perform a field sobriety test. During a field sobriety test, a police officer asks a driver to step out of their vehicle and perform a series of physical tasks meant to assess balance, coordination, and reflexes. However, sometimes medical conditions or physical limitations can cause a sober person to fail a sobriety test.
• Procedural mistakes. In addition to the requirement for reasonable suspicion to stop a person on the road, police officers also must adhere to rules regarding the collection and handling of evidence. If a police officer conducted an unlawful search or mishandled evidence after collecting it, your attorney may be able to argue that the relevant evidence is not admissible in court.

This is not an exhaustive list of potential defense strategies for DUI charges, and your attorney will likely want to discuss the particulars of your case before choosing an approach for your defense. In many cases, attorneys may combine more than one strategy to address multiple facets of the situation.

FAQs

How Much Does a DUI Lawyer Cost in Mississippi?

How much a DUI lawyer costs in Mississippi varies depending on factors such as the complexity of your case and the experience level of your lawyer. More experienced lawyers tend to charge more money, and complex cases take longer to resolve than simple ones. If your case goes to trial, that can also increase your legal fees. Most attorneys require an up-front fee called a retainer to begin working on your case. They usually bill their actual working hours against this initial deposit.

How Do You Beat a DUI in D’Iberville, Mississippi?

You can beat a DUI in D’Iberville, Mississippi by challenging the evidence, police procedures, and legal requirements with the help of a D’Iberville DUI attorney. Even if you’re unable to get the case thrown out, a skilled lawyer may be able to help you avoid the worst potential DUI penalties by getting the charges reduced or pursuing non-adjudication for first-time offenders.

Can a DUI Be Dismissed in Mississippi?

A DUI or BUI (boating under the influence) can be dismissed in Mississippi if a judge decides there is not enough evidence to move forward with the case. This could happen if your lawyer can prove that constitutional rights violations or other legal errors should make some or all of the evidence inadmissible in court. Faulty testing and a general lack of sufficient evidence can also play a role in getting a case dismissed.

How Likely Is Jail Time for a First DUI in Mississippi?

Jail time for a first DUI in D’Iberville is a possibility, but it’s often substituted with mandatory attendance in an alcohol safety education program or at a victim impact panel. If you do go to jail, you could face up to 48 hours in a local facility. You’ll also face fines, a license suspension, and a permanent criminal record. For subsequent DUIs, going to jail is obligatory due to mandatory sentencing requirements.

D’Iberville DUI Lawyer

Driving under the influence of alcohol or drugs is a serious offense. If you’ve been charged, you need a skilled D’Iberville DUI lawyer on your side. You can trust the team at Miller Law Offices to help.

In our years in practice, we’ve handled countless DUI cases with our in-depth understanding of DUI laws. Let us leverage that knowledge to help you avoid harsh penalties. Contact us to schedule an initial consultation today.

D’Iberville DUI Lawyer Reviews