DeSoto County DWI Lawyer

Have You Been Charged with DUI in DeSoto County?

If you have been arrested for driving under the influence (DUI), you need to seek legal representation immediately. DUI charges are extremely serious, and you could face harsh penalties if convicted. A DUI conviction could negatively impact your life for years to come. You could be facing jail time, fines, driver's license suspension, and other penalties. However, you do not have to accept the consequences of a DUI conviction if you seek the help of an experienced criminal defense attorney in DeSoto County.

 A dedicated DeSoto County DWI lawyer is ready to defend your case and protect your driving privileges. Call (662) 503-8409 today or contact us online for a case review!

What Is Considered a DUI in Mississippi?

In Mississippi, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. A driver can be charged with DUI if they are under the influence of alcohol, drugs, or a combination of the two. A driver can be charged even if they are not necessarily intoxicated, but their ability to safely operate a vehicle has been impaired by the consumption of alcohol or drugs.

The legal blood alcohol concentration (BAC) limit in Mississippi is 0.08% for drivers over 21, 0.02% for those under 21, and 0.04% for commercial vehicle drivers. It's important to remember that even if you are below these limits, law enforcement can charge you with a DUI if they believe your driving is impaired. Different substances have different effects, and combining drugs can intensify impairment levels, increasing the risk of being charged.

Aggravating Circumstances for DUI

Some aggravating circumstances for DUI include:

• A minor in the vehicle
• Property damage
• Serious injury or death caused by the DUI
• Driving with an excessively high BAC
• Fleeing the scene of an accident
• Having a history of previous offenses 

A driver could face increased penalties if aggravating circumstances are present. For example, if a driver is convicted of a DUI while a minor is in the vehicle, they could be charged with a felony. Additionally, if a driver causes serious injury or death while under the influence of alcohol or drugs, they could face felony charges.

What are the Penalties for a First DUI Conviction?

If a driver is convicted of a first DUI, they can be charged with a misdemeanor. A misdemeanor conviction can result in a fine of up to $1,000, up to 180 days in jail, and driver's license suspension for up to two years. However, these penalties can be increased if aggravating circumstances are present, such as a minor in the vehicle, property damage, or serious injury or death caused by the DUI. If aggravating circumstances are present, the driver could be charged with a felony.

In addition to these penalties, a first-time offender may also be required to attend alcohol safety education programs and perform community service. These additional requirements aim to reduce the likelihood of reoffending by educating offenders on the risks of impaired driving.

What are the Penalties for a Second DUI Conviction?

If a driver is convicted of a second DUI within five years of the first DUI conviction, they could face a felony conviction. The driver could be charged with a Class-C felony, which can result in up to five years in prison and a fine of up to $5,000. The driver could also be charged with a felony if they cause serious injury or death while under the influence of alcohol or drugs. A felony conviction can result in up to 15 years in prison and a fine of up to $30,000.

Additional consequences for a second DUI conviction can include a prolonged driver's license suspension, mandatory ignition interlock installation, and extended alcohol treatment programs. These measures serve both punitive and rehabilitative purposes.

What Are the Penalties for a Third DUI Conviction?

A third DUI conviction within five years of the first DUI conviction can result in a felony conviction. The driver could be charged with a Class-B felony, which can result in up to ten years in prison and a fine of up to $10,000. A third DUI conviction can also result in a conviction for a habitual DUI offender. A habitual DUI offender can be charged with a felony and face up to 20 years in prison and a fine of up to $25,000.

The state of Mississippi imposes stricter penalties on habitual offenders to discourage repeat offenses. Along with financial penalties and imprisonment, offenders face long-term driving restrictions, including possible permanent revocation of their driving privileges.

How a DUI Attorney From Our Firm Can Help?

If you are facing DUI charges, you should contact a DWI attorney in DeSoto County right away. DUI charges are extremely serious, and you could face severe penalties if convicted. A DUI conviction could negatively impact your life for years to come. You could be facing jail time, fines, driver's license suspension, and other penalties. However, you do not have to accept the consequences of a DUI conviction if you seek the help of an experienced criminal defense attorney.

We can review the details of your case and advise you of your legal options. Depending on the circumstances of your case, an attorney may be able to get your DUI charges reduced or dropped. If you have been arrested for DUI, it is essential that you seek legal representation immediately.

Contact a DeSoto County DWI lawyer from Hayes Law Firm by calling (662) 503-8409 today for a free consultation!

Frequently Asked Questions About DWI Defense

What Defenses Can Be Used in a DUI Case?

When facing a DUI charge, several defenses may be available depending on the specifics of your situation. Common defenses include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety test results, and highlighting potential procedural errors made during the arrest. A key aspect of a successful defense is demonstrating reasonable doubt about your impairment at the time of the arrest. An experienced attorney can review all evidence, such as video footage and police reports, to craft a defense strategy that addresses any inconsistencies or potential violations of your rights during the arrest process.

How Can a DUI Affect My Future Employment Opportunities?

A DUI conviction can significantly impact your employment prospects. Many employers conduct background checks and may see a DUI as a red flag, indicating potential issues with responsibility or decision-making. Certain professions, particularly those requiring a commercial driver’s license (CDL) or involving children or vulnerable populations, may have strict policies against hiring individuals with DUI convictions. It's vital to discuss potential collateral consequences with your attorney, who can help navigate these challenges. By proactively addressing your DUI charge and seeking legal assistance, you can work towards minimizing its impact on your career.

Is it Possible to Have a DUI Conviction Expunged in Mississippi?

Currently, Mississippi law does not allow for the expungement of DUI convictions, which means once you are convicted, the charge remains on your criminal record permanently. This can have long-lasting effects on your ability to find employment, secure housing, or regain your driving privileges. However, working with a knowledgeable DUI attorney can help you explore alternative resolutions, such as negotiating a plea bargain or participating in diversion programs that may lessen the impact of a conviction.

What Should I Do Immediately After a DUI Arrest in DeSoto County?

After a DUI arrest in DeSoto County, the first step is to remain calm and cooperative with law enforcement. You should refrain from making any statements without an attorney present, as anything you say can be used against you. It's also crucial to contact a DUI attorney as soon as possible to begin building your defense. Your attorney can advise you on your rights, help gather critical evidence, and provide guidance on how to effectively manage the legal process.

Do I Have to Submit to Field Sobriety Tests in Mississippi?

In Mississippi, you are not legally required to submit to field sobriety tests. These tests, which include activities such as walking in a straight line or standing on one leg, are voluntary and can be refused without immediate legal consequences. However, refusal may be considered as part of the evidence against you in a DUI case. It's important to understand your rights and the implications of refusal, and consulting with a DUI attorney can provide clarity and guidance tailored to your situation.