Know the Law

In a nutshell, here is what the Mississippi Law says about DUI’s:

Code of 1972 (63-11-30)

Operation of vehicle while under the influence of intoxicating liquor, drugs or controlled substances, or other substances impairing ability to operate vehicle or with blood alcohol concentrations above specified levels; penalties generally; granting of hardship driving privileges; penalties for violations resulting in death, disfigurement, etc., of another; penalties for multiple offenses; concurrent running of suspensions.

(1)  It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person’s ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person’s blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person’s breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person’s blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person’s blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.

THE “10 DAY” RULE

If you refuse to submit a breath, blood, or urine test, the state of Mississippi 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.

A skilled DUI defense lawyer can help you avoid any problems with your driver’s license if you have been accused of drunk driving.

KNOW YOUR RIGHTS

In the state of Mississippi you do not have to tell the officer if you have been drinking—simply let the officer know that you wish to exercise your right to remain silent.

You do not have to submit or participate in any verbal or non-verbal field sobriety tests such as:

  • Walk and Turn test
  • One leg stand test
  • Horizontal Gaze Nystagmus Test (eye test)
  • Alphabet recitation

You should always ask to speak with your attorney before agreeing to take the intoxilyzer 8000, it may be in your best interest to refuse that test. Further, you can request your attorney be present during any questioning.