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, 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…

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…

The Mississippi implied consent law states that anyone who has a Mississippi or out of state driver’s license who is driving or operating a motor vehicle on the public roads and streets in Mississippi has automatically given implied consent to be tested by the police for alcohol, to determine if the driver is under the…

Being convicted of a DUI in Mississippi is going to affect your driver’s license, possibly significantly. The law states that upon conviction your license will be suspended for at least 90 days and until you attend and complete an alcohol safety education program. However, it also allows you to petition the circuit court in the…

In Mississippi, to be convicted of DUI, the state must prove that you were operating a motor vehicle while under the influence of drugs or alcohol. Understand that driving and operating are two different things. When the state legislature wrote this law they weren’t just repeating themselves with these words. They have different meanings and…

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…

If you’re convicted of a first offense DUI in Tennessee you’re going to lose your driver’s license for one year. But can you get a restricted license, or are you going to have to have one of those ignition interlock device things put on your car? It depends on what type of case, but you…

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