Common Mississippi DUI Questions

Below are Questions our Clients Ask, Along with My Responses:

1. How can I contact you and when can I meet with you?

  • 1. You can give our office at call at 901-754-1340

Normally, your call or e-mail will be received by my office receptionist and/or my legal staff. Initial information about your case should be taken in a telephone or office conference and either of these conferences are free as your initial consultation. Normally, an office conference is scheduled the day of your contact or within a few days thereafter.

2. How does a Mississippi DUI conviction effect my record?

In Mississippi, a DUI conviction stays on your driving record for five (5) years. During this time any additional DUI convictions will increase the punishment. The charge itself will be on your record (rap sheet) for life. The DUI charge can have an adverse effect on your employment, especially if driving is a major part of your work duties. In addition, the DUI conviction will cause you to obtain SR-22 insurance (also known as high risk insurance) for three years. Only high risk insurance companies write SR-22 insurance. Should you drop the insurance, your driving license in Mississippi will once again be suspended. Should you be charged with driving while your license is suspended in Mississippi, the fine is $500; there is a ten-day to six-month jail term, and your license is suspended for an additional six months. The DUI charge on your record could also cause you problems with your credit report and with rental car companies.

These problems occur when DUIs appear on your record. You always have the opportunity to contest DUIs, to take the matter to court, and in almost every case DUIs should be fought to obtain an outright acquittal or a non-DUI disposition. These are some of the reasons that I fight for an acquittal in your case.

3. What does a plea in a Mississippi DUI trial mean?

There are basically three types of pleas in DUI cases. The first plea is taken on a date called an “arraignment” date, usually your first court appearance. At the arraignment, the court will ask how you plead. Should you plead guilty, then the court will proceed to make a finding of guilty and assess fines, court costs, and the appropriate jail sentence. Should you plead not guilty, the court will assign you a trial date. You will appear in court later, where you may change your plea from not guilty to guilty, or you may plead nolo, which means “nolo contendere” or no contest. In any of these pleas: a plea of not guilty, a plea of guilty, or a plea of no contest, the judge must still make a finding. It is only in a plea of not guilty, however, that a trial will ensue. At the end of the trial, the judge makes a finding of guilty or not guilty at the Municipal or Justice Court level. If there is a no contest (nolo contendere) or guilty plea made, then the court proceeds to make a finding of guilt and impose a fine and jail term consistent with the law on DUIs.

4. If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Mississippi?

Drunk driving convictions from other states can show up in Mississippi in any number of ways. Most states are now linked together through computer systems run by law enforcement agencies for the purposes of sharing information one state to another. This information can be accessed by either the court, or the prosecutor, or the Highway Patrol. Should this information become available under certain circumstances, these previous convictions can be used to enhance or increase the punishment for a subsequent DUI arrest here in the state of Mississippi if said convictions are within the last five (5) years of the date of the current charge in the state of Mississippi. Sometimes these convictions do not show up, and our job as your attorney would be to fight any convictions that happen out of state.

5. How will a DUI arrest affect my out-of-state license?

Mississippi cannot suspend an out-of-state license; only your home state can suspend your license. Mississippi can only suspend your privilege to drive in this state. A refusal to submit to an officer’s request for a breath, blood, or urine test MAY result in a suspension in Mississippi (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for handling a refusal report from Mississippi vary in each state. Some states do nothing in the non-resident driver’s home state for a “refusal” to be tested in Mississippi.

6. The officer took my license. When can I get it back?

Mississippi law permits an officer to confiscate the license of any motorist who is arrested for DUI. Do not just apply for a new license because you can create even more problems for yourself. At your free consultation, ask us about how and when you may seek to have your license returned, or possibly retrieved from the prosecutor so that you can have your plastic license prior to trial.

7. Do I need a lawyer?

Every person can represent himself or herself in court. Because DUI is such a critical matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom and your future employment options may hang in the balance. The choice is yours. We advise taking advantage of our free consultation to see whether you want to hire a Mississippi DUI attorney.

8. What is the “10-day” rule applicable to administrative license suspension matters?

In Mississippi, if you either refused to submit to a breath, blood, or urine test, the state will attempt to suspend your license or privilege to drive for 90 days to one year. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a test refusal petition within 10 calendar days after the mailing of a notice of letter of intent to suspend. Filing an test refusal petition does not postpone the suspension. In a significant percentage of cases, we are able to prevent any suspension. The license you receive when there has been a refusal to take a state-administered test is valid for only forty-five (45) days from the date of the arrest. This license cannot be renewed or extended for any period of time. The test refusal hearing is an informal hearing. There will not be a jury. This is an additional proceeding that we handle for you. The decision will be announced at the administrative hearing to agree with the State to suspend your license or to return it to you. The hearing is needed to determine if you wll be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Mississippi prior to your trial. In additional, this hearing offers us a great opportunity to cross-examine the officer under oath about the facts of your case.

9. Should I go to driving school (MASEP) now?

No. MASEP (Mississippi Alcohol Safety Education Program) is a course given over the course of a month in four (4) three hour sessions. The MASEP course will lower your license suspension from one (1) year to ninety (90) days. The course is available to those convicted of a DUI first offense.

10. If I fight the case and lose, do I get any money refunded on legal fees?

No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Mississippi prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No, because an attorney (like a surgeon) is compensated for his/her time, knowledge, expertise, and legal acumen. This is our “product.” In addition, I set a “fixed” fee, not hourly, so you will know how much you will pay for legal services.

11. Beyond legal fees, what other costs or expenses will I have in this case if I fight it?

Disregarding fines (which are covered in the Web site), there are some costs in the typical DUI case. I use court reporters to prepare transcripts of City and Justice Court trials for use in later hearings. This cost is usually in the Two Hundred Dollar ($200) range. In addition, there is a cost for an appeal bond from lower courts to higher courts for additional trials. And on occasion, expenses for expert witnesses will be incurred should the case require their testimony. These costs will be explained at your free consultation.

12. Do we have any control over which judge or prosecutor I get for my case?

As a general rule, no. Computer assignments or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it.