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DUI Defense Strategies for Mississippi DUI First Offense

Finding the right Mississippi DUI defense strategy is absolutely critical to beating a DUI charge in the state of Mississippi. Drunk Driving Defense details how the DUI lawyers in Mississippi will work to build a convincing and reliable case for DUI defense in Mississippi.

Mississippi DUI Defense Strategies for A DUI First Offense

By: Kevin Stewart, Traffic Ticket Attorney, and Mississippi DUI Law Book Co-Author

Crafting a solid DUI defense in Mississippi for a DUI 1st offense is essential for disputing the criminal allegations and lessening any criminal law consequences. Tactics such as disputing the validity of the initial traffic stop, scrutinizing the reliability of breath alcohol results from the Intoxilyzer 8000 (or blood tests), and engaging in plea negotiations are commonly employed with assistance from a skilled Mississippi DUI lawyer.

Retaining a seasoned Mississippi DUI attorney is pivotal when employing these defenses. Their specialized knowledge of MS DUI laws and their expert capability to serve as your criminal defense lawyer provides crucial first offense DUI advice and advocacy throughout this process.

Mississippi DUI arrests are merely an accusation until and unless that person is later convicted. Beating that first DUI case is highly valuable to almost every one of our clients.

Kevin Stewart Author of a Book on Mississippi DUI Defense Strategy

While a first offense DUI in Mississippi is our Firm’s most common impaired driving case, a high percentage of the clients facing a 2nd DUI in Mississippi realize that they need legal help to avoid the potential DUI penalties in Mississippi. One of the most devastating Mississippi DUI penalties for a potential second conviction is that the conviction would take away that person’s right to seek a Mississippi DUI expungement 5 years (or more) after that initial conviction.

Challenging the Traffic Stop or Basis for Police Coming in Contact with the Client

Challenging the validity of the traffic stop (or other encounter by police with a citizen) is a frequent defense challenge. Officers on routine patrol are required to possess reasonable suspicion of impaired driving to arrest a person for drunken driving or drugged driving.

Should these procedures not be strictly adhered to, it can cast doubt on the authenticity of any subsequent charges brought forward. For example, if a BOLO (“be on the lookout”) citizen call to a 911 center leads to a pullover with no traffic offense being observed by the officer, if that call is from an unidentified other motorist whose name and credibility is unknown, this may fail to prove a valid basis for the traffic stop.

Mississippi is one of 38 states in the USA that permits DUI checkpoints. Yet even these states have legal guidelines that control whether the warrantless stop was properly announced (in advance) and properly staffed and set up at an approved “location.”

Plus, these roadblocks must follow established, pre-published rules relating to roadblock location and the set-up start and stop times, for the checkpoint to be valid. A DUI law attorney with our Firm can review every roadblock DUI procedure Mississippi for the law enforcement agency that utilized these warrantless traffic stops.

Challenging the Traffic Stop or Basis for Police Coming in Contact with the Client

Sobriety checkpoints in the Magnolia State tend to increase during periods of high activity, such as holidays or significant events like after college football games are over. In Mississippi, when a person is arrested for impaired driving at a DUI checkpoint, a criminal defense attorney can bring several legal challenges to potentially defeat the prosecution.

Here are some possible Common Legal Challenges in Mississippi DUI Arrest Cases:

1.   Constitutionality of the DUI Checkpoint

Presumptive Unconstitutionality: DUI checkpoints in Mississippi are considered presumptively unconstitutional until and unless the police can prove in court that all legal prerequisites for their establishment and operation were met. Defense attorneys can challenge whether the checkpoint was set up and conducted according to legal standards.

Challenging A DUI Checkpoint as a Mississippi DUI Defense Strategy

2.   Compliance with the “Prior Notice” and Neutral Location Legal Guidelines, Notice, Proper staffing by trained DUI Officers and other Restrictions

Advance Coordination and Announcement: Checkpoints must be coordinated in advance with the police department and publicly announced, typically through press releases or social media. Failure to comply with these requirements can be grounds for challenging the legality of the checkpoint.

Proper Conduct of Checkpoint: The checkpoint must be conducted properly, adhering to regulations and restrictions. If law enforcement fails to follow these procedures, an attorney can argue that the checkpoint was not legal.

3.   Fourth Amendment Violations

 Unreasonable Searches and Seizures: The Fourth Amendment of the United States Constitution protects against unlawful searches and seizures. If a checkpoint is deemed to have violated this right, it can be challenged as unconstitutional.

4.   Probable Cause and Reasonable Suspicion

Lack of Probable Cause: Officers must have probable cause or reasonable suspicion to initiate a DUI investigation beyond the initial stop at a checkpoint. If an attorney can demonstrate that such probable cause was lacking, it may invalidate the arrest.

5.   Additional Legal Considerations and Possible Mississippi DUI Defense Challenges

Refusal of Testing: If a driver refuses the post-arrest forensic chemical testing (via the Intoxilyzer 8000 breath test device or a blood test) without probable cause, this could lead to license suspension. On the criminal cases, however, it may also be used as a defense if the refusal was because of lack of reasonable suspicion to believe the driver was intoxicated. Those drivers who did not attempt the voluntary roadside sobriety tests often will have a much better chance if not being convicted of driving under the influence, since no errant driving was observed.

For a person who qualifies for an expunction of a first offence DUI, she or he must wait 5 years after their first DUI offense has been resolved fully.

Violation of Independent Testing Rights: Defendants have the right to request an independent test of their urine after first submitting to the State’s form of implied consent testing. Denial of allowing a person in custody this right of private testing can be used by your defense attorney.

By focusing on these potential legal challenges, a criminal defense attorney in Mississippi can work to undermine the prosecution’s case in DUI checkpoint arrests. Because our law firm’s partners co-author the leading book on DUI law in Mississippi, the prosecutors we go against are aware that we are fully versed in defense of a DUI in Mississippi.

Questioning the Accuracy of Chemical Tests (Breath Tests or Blood Tests)

Challenging the reliability of chemical tests represents a crucial defensive tactic. The correct calibration and upkeep of breathalyzer machines are imperative for their results to be credible. If maintenance records reveal any inconsistencies, this could serve as a valid reason to dispute the outcome of these tests.

Equally important is examining the DUI blood test’s chain of custody, along with how it was collected, preserved, and managed. Mistakes within these stages can heavily influence the integrity of test results and offer a solid ground for contesting a blood test in DUI defense arguments.

Challenging A DUI Blood Test as a Mississippi DUI Defense Strategy

Call Now For A DUI Lawyer in Mississippi Near You

Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Mississippi near you! Drunk Driving Defense has some of the most successful and highest-rated Mississippi DUI defense attorneys on our roster.

How Long Does a DUI Stay on Your Record in the State of Mississippi?

Unless a person can win their DUI case, complete a successful non-adjudication, or get a first DUI offense expunged 5 years or more after that first offense is concluded, the conviction is there for life. This is true in most states, especially all southern USA states. This is why forming a rock-solid DUI defense in Mississippi is so crucial.

Mississippi DUI law has changed in the last Decade. Mississippi has (in the prior 10 years) enacted a non-adjudication law for some, eligible first offenders. This non-adjudication law is very new in Mississippi.

The enactment of an option for Mississippi DUI expungement. In addition, before that law was passed, the Legislature set up a procedure for expungement of a first DUI in MS, for many people who qualify by not getting into any new trouble for 5 years after the original 1st offense conviction.

Be aware that the person applying for expunction cannot have a current 2nd DUI in Mississippi pending, else the application will be denied. Below you can read more about the 1st DUI penalties Mississippi, plus additional other repeat offenses.

Negotiating Plea Bargains As DUI Defense in Mississippi

Avoid DUI Penalties With A Solid Mississippi DUI Defense

Mississippi DUI defense strategy frequently involves the negotiation of plea bargains, which can lead to decreased charges or diminished penalties. Attorneys specializing in DUI cases often secure deals that result in reduced sentences or alternative forms of punishment for their clients.

Such plea bargains are an instrumental strategy in lessening the impact of a DUI conviction and serve as an important component in a defense attorney’s toolkit. By dodging the more serious offense of driving while intoxicated, any reduction of charges to a lesser crime is usually an advisable case strategy.

Are you facing a DUI in MS? If so, Call Drunk Driving Defense Now for a FREE Consultation

After being arrested for DUI, the sooner you call our office, the more likely that our legal warriors can help you retain your driving privileges for a potential implied consent violation. If you refused the officer’s request for submission to post-arrest testing, you have an extremely short period to appeal.

Dial our toll-free line 24/7 to chat with a real person and get going on fighting your DUI charges. By dialing 1-888-839-4384, you get a FREE consultation to see what you are facing. You’ll be talking with a Mississippi DUI defense lawyer who knows many, many ways to beat a DUI in Mississippi.

You can also fill out our confidential contact form below. Based on the details of your case, we will connect you with a top-rated lawyer for DUI defense in Mississippi.

    More Resources For DUI Defense in Mississippi

    If you need a Mississippi DUI lawyer we have listings for DUI lawyers in cities across the state of Mississippi. You can also read some of our informative articles where we explore several different areas of DUI defense in Mississippi.