In order to arrest someone for driving under the influence, the police must first have reasonable suspicion to pull them over. If the police lacked reasonable suspicion, then any evidence flowing from the stop, including an arrest, is illegal and can be thrown out. The vehicle stop itself is not an arrest. It’s simply a…
The crime of driving under the influence in Mississippi is found in Title 63-11-30 of the Mississippi Code. It says that it is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance…
In order for someone to be convicted of DUI in Mississippi, he or she must “drive or otherwise operate” a motor vehicle while under the influence or with a blood alcohol concentration of .08% or more. This article will look at the element of operating a motor vehicle, a seemingly minor but crucial detail in…
If you were arrested for driving under the influence in Olive Branch or Southaven, MS and submitted to a breath test for blood alcohol content (BAC), you may be charged under the state’s “per se” law. This law says that you can be convicted just on the level of your BAC, and that no proof…
In Mississippi, driving under the influence for minors and juveniles is treated differently than for adults. The biggest difference is that with underage drivers, the threshold amount of blood alcohol content to prove intoxication is much lower. For persons who are above the legal age to purchase alcoholic beverages under state law (anyone 21 and…
In Mississippi, the state can take a driver’s blood without his or her consent when the driver has been involved in an accident that results in a death. The purpose for taking the blood is to determine the alcohol or drug content of the driver’s blood. Depending on the result of the test, as well…
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….
The testing of a driver’s blood for blood alcohol content in Mississippi DUI crimes is becoming more common, and is considered more accurate than breath testing. But because it is such a complex, exact science, blood testing has its own problems which can lead to an invalid test result (which can be good news for…
DUI expungements are finally coming to Mississippi. Starting October 1, 2014, qualified offenders will be eligible to have their DUI conviction removed from their record thanks to a new law signed by the governor. Not everyone will be eligible for a Mississippi DUI expungement, and several requirements must be met. To get a DUI taken…
