DUI Defense Attorneys in Hattiesburg

DUI Defense Team Dedicated to Laurel Clients

If you have been arrested for DUI, don't panic. You are not alone, and you do not have to face your DUI charges without an attorney. You have options, and you can fight back against your allegations. The best way to do that is by enlisting the help of an experienced DUI defense attorney in Hattiesburg, MS. At Johnson, Ratliff & Waide, PLLC, we are dedicated to providing the best DUI defense for our clients, and we will work tirelessly to help you achieve the best possible outcome for your case.

To learn more about our DUI defense services in Hattiesburg, contact us online or call us at (601) 202-8570 today.

What Is Involved in a Mississippi DUI Case?

DUI cases involve a lot of different factors, and the outcome of your case will depend on a number of different things. For example, the facts of your case will be different from the facts of another case, and the actions of law enforcement will depend on the specific facts of your case. Also, the prosecutor's office will depend on the facts of your case, and they may or may not be willing to negotiate with you.

Generally, a DUI case goes through the following stages:

• Arrest
• Breath or blood test
• Arraignment
• Plea or trial
• Jury trial
• Sentencing

At each stage of your DUI case, you can be facing different penalties and consequences. For example, you can face jail time or fines at the time of your arrest. If you refuse to take a chemical test at the time of your arrest, you can face a longer license suspension period. If you take a chemical test and the results are above the legal limit, you can face a fine and jail time.

What Is the DUI Per Se Law in Mississippi?

The DUI per se law is a law that makes it illegal to operate a vehicle while intoxicated with a blood alcohol concentration (BAC) of .08 percent or more. This means that an officer can pull you over and arrest you for a DUI if they believe you are intoxicated. There is no need to prove that you were driving recklessly or that your driving was impaired.

This law is based on the presumption that a person with a BAC of .08 percent or more is intoxicated. However, there are certain situations in which this presumption does not apply. For example, if a person's physical condition prevents them from absorbing alcohol or if a medication causes a person to be impaired, the presumption does not apply.

DUI Penalties in Mississippi

In Mississippi, you can face a DUI charge if your blood alcohol concentration (BAC) is above .08 percent. The penalties for a DUI in Mississippi depend on the circumstances surrounding the offense. 

For example, a first-time DUI will be charged as a misdemeanor, but a second DUI within five years will be charged as a felony.

The penalties for a misdemeanor DUI include:

• A $250-$1,000 fine
• A jail sentence of up to six months
• License suspension
• An alcohol assessment and/or treatment

The penalties for a felony DUI include:

• A $1,000-$5,000 fine
• A jail sentence of up to five years
• An alcohol assessment and/or treatment
• A license suspension
• A vehicle impound
• An ignition interlock device

In addition to these penalties, you can also be facing other consequences. For example, you can be facing a damaged reputation, which can make it difficult to find a job or an apartment. You can also be facing an increased insurance premium, which can make your insurance more expensive.

Mississippi DUI FAQs

What happens if I refuse a breathalyzer test in Mississippi?

Mississippi has an “implied consent” law, meaning that by driving on public roads, you agree to submit to chemical testing if lawfully requested by an officer. Refusing a breathalyzer test results in an automatic 90-day license suspension for a first refusal and up to one year for subsequent refusals. This suspension is separate from any criminal penalties for DUI, and refusal can also be used against you in court as evidence of intoxication.

Can I get a DUI if I am under the legal BAC limit?

Yes, you can still be charged with a DUI in Mississippi even if your BAC is below the legal limit of 0.08%. If an officer determines that you are impaired based on your behavior, field sobriety tests, or other evidence, you may be arrested for DUI. For drivers under 21, the legal BAC limit is 0.02%, and commercial drivers face a stricter limit of 0.04%. Even without a BAC test, any evidence of impaired driving can lead to a conviction.

What are the penalties for a second DUI offense in Mississippi?

A second DUI offense within five years is considered a more serious misdemeanor and carries penalties including a fine between $600 and $1,500, jail time ranging from five days to one year, and a two-year license suspension. The offender may also be required to complete an alcohol treatment program and install an ignition interlock device upon reinstatement of their license. The penalties increase significantly if the DUI involved an accident or injury.

How does a DUI conviction affect my driving record and insurance?

A DUI conviction remains on your driving record for five years in Mississippi, and it can lead to significantly higher car insurance rates or even policy cancellation. Insurance providers view DUI offenders as high-risk drivers, which often results in premium increases for several years. Additionally, multiple DUI offenses can result in a longer suspension period and mandatory ignition interlock device installation.

Can I expunge a DUI conviction from my record in Mississippi?

Under Mississippi law, a first-time DUI conviction may be eligible for expungement under certain conditions. To qualify, you must have completed all sentencing requirements, maintained a clean record for five years after the conviction, and petitioned the court for expungement. However, second and subsequent DUI offenses cannot be expunged. An expunged DUI does not completely erase the conviction but removes it from public records.

What is an Ignition Interlock Device (IID), and when is it required?

An ignition interlock device (IID) is a breathalyzer installed in a vehicle that requires the driver to provide a breath sample before the car will start. Mississippi law mandates the use of an IID for certain DUI offenders, particularly repeat offenders or those who wish to obtain a hardship license during their suspension period. The cost of installation and maintenance of the IID is the responsibility of the offender.

Will a DUI conviction affect my employment opportunities?

A DUI conviction can impact employment, especially if your job involves driving or requires a clean criminal record. Many employers conduct background checks, and a DUI may disqualify you from positions requiring a commercial driver’s license (CDL) or jobs in law enforcement, healthcare, or education. However, some employers may overlook a first-time offense, particularly if it was a misdemeanor and you have demonstrated rehabilitation.

What should I do if I am arrested for DUI in Mississippi?

If you are arrested for DUI, remain calm and comply with law enforcement officers. Avoid making self-incriminating statements and request legal representation as soon as possible. It is important to consult with a DUI attorney to understand your rights and legal options. Acting quickly can improve your chances of minimizing penalties or challenging the charges effectively.

How Our DUI Lawyers Can Assist You

If you have been charged with a DUI in Mississippi, you should contact an attorney as soon as possible. Our team of DUI defense attorneys in Hattiesburg, MS can help you with your case. We can represent you in court and help you negotiate with the prosecutor's office. We can also help you with license reinstatement and help you get your license back.

Our team of DUI defense attorneys in Hattiesburg, MS has handled thousands of cases. We know what to expect, and we know how to handle a case from start to finish. We understand how a DUI arrest works and how a chemical test works. We understand how the police operate and how to defend against the evidence that the prosecutor's office has against you. We know how to negotiate with the prosecutor's office, and we know how to get the best results for our clients.

Get Legal Help for Your DUI Charges

If you are facing DUI charges, you need an experienced Hattiesburg DUI lawyer on your side. At Johnson, Ratliff & Waide, PLLC, our goal is to get your DUI charges reduced or dismissed. We know how the system works and can help you navigate it. We will pursue all possible defenses for your case and work hard to get you the best possible outcome.

Schedule your free consultation with our Hattiesburg DUI lawyers today!