DUI (Driving Under the Influence)

DeSoto County DUI Defense Attorney

If you’ve been charged with a DUI in Southaven, Olive Branch, Horn Lake, Hernando, Tunica, Northern Mississippi or the Memphis metro area, you could be facing extremely serious consequences. Most of those arrested and charged with DUI feel extremely anxious about their future, stressed, possibly even angry if they do not feel they deserved the charges. Determining how to proceed for the best possible outcome can be confusing. Stroud, Flechas & Dalton has been helping those in such situations for many, many years.

This is where Stroud, Flechas & Dalton comes in. Our experienced DUI defense attorneys will fight for your rights as a citizen to secure the best possible outcome for your case. We will stand by your side throughout the entire process, advising you on the best actions to take the entire way. Ultimately, we want to help you to move on with your life.

Can I be stopped and arrested for DUI or DWI in Mississippi even if the vehicle was not moving?

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We fight for your rights and your future with a goal of the least amount of consequences. We are in your corner, by your side, advocating aggressively on your behalf throughout the entire process. We want you to be able to put this mistake behind you and move on with your life. It is imperative that you act quickly when charged with a Mississippi DUI, as timely action can make all the difference in the final outcome. Mississippi Code Annotated Section 63-11-30 offers the following general Mississippi DUI information:

Like most states, you can be found guilty of DUI in the state of Mississippi if your BAC is 0.08 percent or higher, you are under the influence of an intoxicating liquor, or you are under the influence of any substances which impairs your ability to operate a motor vehicle. A person under the age of 21 may not have a BAC higher than 0.02 percent.
If you are convicted of a first-time DUI in the state of Mississippi, you could face fines from $250 to $1,000 and can be jailed for up to 48 hours. Your driver’s license will be suspended for a minimum of 90 days until you have completed alcohol safety education classes.
While you may refuse a breathalyzer test, if you do so, your driver’s license will automatically be suspended for 90 days without the ability to obtain a hardship license.

There are specific procedures in place in the state which must be followed by law enforcement during a DUI stop and arrest. If these procedures are not properly followed, your DUI could be dismissed by the court.

Contact our DUI defense attorneys today and set up an appointment to discuss your case.

Can a person be guilty of drunk driving in Mississippi if they only had one drink?

Why You Must Have an Experienced Mississippi DUI Attorney by Your Side

If you find yourself being pulled over by a Mississippi police officer after having a couple of drinks with your friends, it will likely rank right up there at the top of your nerve-wracking life experiences. While you should contact a Mississippi DUI attorney quickly—as soon as you are sure you are being arrested for DUI—few people actually do so. Most of us want to believe that if we simply answer all the police officer’s questions, we will be allowed to go home, with no repercussions. This is virtually never true. Beyond providing your basic contact information, it is really never in your best interest to answer questions or try to “explain.”

You may believe that if you tell the officer you were at your sister’s baby shower and only had a couple of glasses of champagne, that he or she will “understand” and will let you go home. You should never forget that law enforcement personnel only ask you questions for one purpose—to obtain information which will later be used against you to prove your guilt. Give your name and address, then politely ask for an attorney. Beyond that, do not answer any questions or attempt to talk your way out of your DUI charges. There is no scenario where this will be helpful to your case or your future.

Many people will not can an experienced Mississippi DUI attorney because they think they can handle the charges on their own, they feel they cannot afford an attorney, or they simply are not fully cognizant of just how serious the charges are. When you fail to contact a Mississippi DUI attorney, it is likely you will continue to make mistakes, all of which can have very negative repercussions down the line. Do not wait, hoping things will get better—they won’t. Call a Mississippi attorney from Stroud, Flechas & Dalton, who will ensure you get the legal defense you deserve.

What Are the “Typical” Penalties for Mississippi DUI?

In the state of Mississippi, the “lookback” period (also known as the “washout” period) is five years. This means that for the purpose of determining whether a DUI offense is a 1^st, 2^nd, 3^rd, or subsequent offense, the period to be considered is the past five years. A first Mississippi DUI conviction has the following potential penalties:

A fine between $250 and $1,000
Time in jail up to 48 hours
A driver’s license suspension between 90 days and one year
A minimum of 10 hours attendance in an approved driver education program

A second Mississippi DUI conviction has the following potential penalties:

A fine from $600 to $1,500
Time in jail from five days up to one year
A driver’s license suspension for two years
Installation of an ignition interlock device for a minimum of six months
Community service work for a period of ten days to one year
Potential impoundment and sale of your vehicle
Alcohol or drug abuse assessment and treatment
Proof of financial responsibility in the form of an SR22

A third Mississippi DUI conviction has the following potential penalties:

A fine from $2,000 to $5,000
Time in jail from one year to five years
A driver’s license suspension for five years
Installation of an ignition interlock device for a minimum of six months
Community service work for a period of ten days to one year
Potential impoundment and sale of your vehicle
Alcohol or drug abuse assessment and treatment
Proof of financial responsibility in the form of an SR22

What Are Some DUI Defense Strategies Your DUI Attorney May Use on Your Behalf?

While every DUI case is unique, requiring a defense carefully tailored to the circumstances, some of the more common DUI defenses include the following:

There was no probable cause for the traffic stop;
The field sobriety tests were not properly administered, or you can challenge the results;
The portable breathalyzer test results were inaccurate, whether because the police officer was not properly trained, or the device was not properly calibrated or maintained;
The standard breathalyzer test was not properly calibrated or maintained, or you can challenge the results based on personal issues;
If a blood test was administered, the proper chain of custody was broken, or the sample was mishandled or tampered with;
Your BAC was below the legal limit while you were driving, but increased between the time of the traffic stop and the administration of the blood test, or
Your constitutional rights were violated by the police officer.

How Stroud, Flechas & Dalton Can Help Following Your Mississippi DUI Arrest

If you have been charged with a Mississippi DUI, you need high-quality legal representation. At Stroud, Flechas & Dalton, we have the skills, experience, and knowledge necessary to effectively represent you throughout your DUI case. We will determine whether protocol was properly followed with your BAC tests, and work with you to build a defense on your behalf. At Stroud, Flechas & Dalton, we protect the rights and the future of those charged with a Mississippi DUI. Contact Stroud, Flechas & Dalton today.

For more information on local DUI laws, view our DeSoto County, Hernando, Horn Lake, Olive Branch, Southaven, and Tunica pages.