In a previous article I wrote about Mississippi’s Intoxilyzer breath test machine. Today, I’m going to discuss how this device is calibrated and certified to be in proper working order. If you’ve been charged with DUI in Olive Branch or Desoto County, part of your defense may rest on the reliability of the breathalyzer. Mississippi…

If you’ve been charged with DUI in Horn Lake, Southaven, Olive Branch, or the rest of North Mississippi, you were asked by the police to take a test to determine your blood alcohol content, basically the amount of alcohol in your system. The police have the right to do this under Mississippi’s implied consent law….

If you’ve been charged with drunk driving in Southaven, MS or other parts of Desoto County, one of the issues you may be facing is the breath test reading. Everyone arrested for DUI in Mississippi will be asked to consent to a test of either their breath, blood or urine. In Southaven, the standard procedure…

Two compelling interests must be weighed in analyzing sobriety checkpoints: the need to protect the public from impaired drivers, and a citizen’s Fourth Amendment right to be protected from unreasonable search and seizure.  Tennessee allows the use of such checkpoints, but only when operated under strict guidelines.  Although the crime of driving under the influence and its…

Can I be arrested for DUI if I’m not actually driving the car? Yes.  Under Tennessee DUI law it is a crime to drive or be in physical control of an automobile.  “Physical control” is not the same as drive.  It has a much broader definition.  Essentially, if the facts show that the vehicle was…

Under Tennessee law, a conviction for Driving Under the Influence (DUI) can carry many penalties. A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail. The type and severity of penalty will depend on the facts of the…

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