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 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 Horizontal Gaze Nystagmus test (HGN) in Mississippi is a field sobriety test designed to measure a driver’s impairment due to alcohol or drugs. It measures the degree of nystagmus (or involuntary jerking) in the eyes and the lack of smooth pursuit as a driver follows an object visually without moving his or her head….
If you’ve been charged with DUI in Olive Branch, MS, you’re wondering what to expect when you go to court. Not only is going to court over a criminal matter stressful enough as it is, but they don’t tell you much beforehand or when you get there. You’re left to figure out everything by yourself….
In Mississippi, there is the offense of child endangerment pursuant to DUI. This is a separate offense from the underlying drunk driving charge, and carries its own set of punishment. In order for a driver to be charged with this offense, there must be a child under the age of 16 while the driver is…
A drunk driving charge is always serious, and it’s especially serious if you are a commercial driver and hold a commercial driver’s license (CDL). A CDL holder who gets a DUI is looking at losing their job, period. So it’s important to know all your options and to have a competent Mississippi DUI attorney on…
