Drunk Driving Lawyer in Jackson
Put Years of Experience in Your Corner
Mississippi—like most states in the U.S.—now has very strict laws regarding driving under the influence. Not only will you face criminal penalties if you are convicted for driving under the influence of drugs or alcohol, you will also face a wide array of civil and other types of consequences. You could find your auto insurance premiums increase to the point they become completely unaffordable, and if you lose your driver’s license you could have difficulty getting to and from work, getting to school, or taking your children to school, and even problems running your normal daily errands.
Drunk driving charges can have a profound impact on your personal and professional life. Beyond the immediate legal penalties, there are collateral consequences that can add to the stress and uncertainty of the situation. It is crucial to understand that each DUI case carries its unique set of complexities, influenced by factors such as prior offenses, the presence of an accident, or refusal to submit to chemical testing. Navigating these challenges alone can be overwhelming, making it essential to seek guidance from knowledgeable DUI attorneys in Jackson who are well-versed in Mississippi DUI laws.
In the state of Mississippi, you may not drive while you are drunk or high. If you are over the age of 21, then you may not have a blood alcohol content (BAC) of .08 percent or more. If you are under the age of 21, the legal limit is .02 percent, and those who have a commercial driver’s license cannot have a BAC that is higher than .04 percent—even if they were driving their personal vehicle at the time of the arrest.
Should You Submit to a Chemical Test?
Those charged with a DUI in the state of Mississippi who refuse a chemical test (blood, breath, or urine), could have their driving privileges suspended for a period of 90 days to one year. This suspension usually occurs prior to your DUI criminal trial. Once you are arrested, you only have forty-five days in which your temporary license is valid. This time limit cannot be extended. The state of Mississippi has the burden of proving you were driving while intoxicated or high and must also prove you refused a chemical test.
Understanding the implications of chemical testing and your rights within that context is vital. Chemical tests are a crucial piece of the evidence used in a DUI case, and the decision to submit or refuse can have significant consequences. This decision should not be taken lightly, as refusal can result in immediate administrative penalties, potentially impacting your ability to continue with daily activities that require driving. Consulting with a skilled DUI lawyer in Jackson early in the process can help clarify these issues and prepare you for what lies ahead in your case.
That said, the state of Mississippi must only show that it is more likely than not that you were driving while under the influence. Your DUI attorney in Jackson may be able to show there was no reason to pull you over, or that there was no probable cause. In any case, this hearing will determine whether you will be able to drive until the conclusion of your DUI criminal case. Your attorney can ask the arresting officer questions, and the answers to these questions may aid your attorney in his or her preparation for your DUI criminal case.
Defenses to Mississippi DUI Charges
Having an experienced Mississippi DUI attorney in your corner from the time you are charged can make a huge difference in the outcome of your charges. There are a number of defenses your attorney may choose to implement on your behalf, including the following:
- There was no probable cause to pull you over. With the exception of DUI checkpoints and roadblocks, a police officer must have probable cause to believe you have broken the law in some manner in order to pull you over. Any traffic violation will suffice; however, if there was no probable cause, then all evidence subsequently obtained may be deemed inadmissible.
- The police neglected to read you your Miranda rights. If you are in police custody and make an incriminating statement in response to police questioning, the statement may not be used against you if the police did not Mirandize you.
- The police officer’s observations can be challenged. The officer may say you performed poorly on the field sobriety tests, that he or she could smell alcohol on you, that you were driving erratically, that your eyes were bloodshot, or that your speech was slurred. Your attorney may be able to challenge one or more of these observations.
- There were witnesses who have different observations than the police officer.
- You have reasonable, valid explanations for your appearance and/or behavior. (i.e., your eyes were bloodshot because you have severe allergies).
- The breathalyzer machine was not properly calibrated or maintained.
- The officer was not properly certified or trained to use the breathalyzer machine.
- There were specific factors which influenced your chemical test (i.e., medications, when you last ate, medical conditions or illnesses).
Choosing the right defense strategy requires an in-depth understanding of both the law and the nuances of your personal situation. An attorney who is familiar with local court procedures and who has established relationships within the legal community can identify the most beneficial approach, whether it's negotiating plea deals or presenting a convincing defense in court. With the serious nature of DUI charges, which can alter your life path significantly, ensuring you have seasoned legal representation is critical.
Detailing the DUI Legal Process in Jackson
Understanding the DUI legal process in Jackson is crucial for anyone facing charges. Following an arrest for a DUI, the defendant will typically appear at an arraignment where they will be formally charged and asked to enter a plea. It's important to have legal representation during this initial stage to ensure your rights are protected and to help establish the foundation of your defense strategy.
Further hearings may involve pre-trial motions, which can address any evidentiary or procedural issues. This is a critical phase where your attorney can challenge any flaws or inconsistencies in the prosecution's case. Additionally, negotiations during pre-trial could offer opportunities for plea deals, which might reduce the charges or penalties. However, if a satisfactory agreement is not reached, the case may proceed to trial. At trial, both sides present their evidence and arguments, and a judge or jury deliberates the outcome based on the evidence provided. As the DUI process can be complicated and daunting, having a Jackson DUI defense lawyer from Coxwell & Associates can provide guidance and support every step of the way.
Contact Our Jackson DUI Defense Lawyers
If you have been arrested and charged with a Mississippi DUI, it is extremely important that you consult a knowledgeable Mississippi DUI attorney and that you not make any statements to the police officer until you have spoken with your attorney. Take your right to remain silent seriously, and take your Mississippi DUI charges seriously as they can alter your life in a number of ways.
If you are arrested and charged with a DUI crime in Jackson, Hattiesburg, Meridian, or anywhere in the State of Mississippi, you need to fight for your rights and protect your freedom. The best way to do this is to hire an experienced Jackson DUI defense attorney immediately.
At Coxwell & Associates, our attorneys believe in fighting aggressively for our clients and we can build a defense that is designed to expose the holes in the prosecution’s case against you. Contact Coxwell & Associates today at (601) 265-7766.
Cases We Handle
CLient Testimonials
-
"My family will always be indebted to you."
I will always remember your diligence, attention to detail, and knowledge of the law.- Former Client -
"Merrida has always been the most professional and sincere attorney that I have ever met."
I wish more attorneys were like them.- Randy B. -
"Merrida Coxwell you're a good man and you have good associates."
You were made to do what you do. Know that You make a difference in lives for the better.- Will A. -
"BIG THANK YOU! Reginald and I were just discussing how you are an awesome human being."
We are so appreciative for everything you've done for us. We don't know how we would've gotten through this without your help and generosity!- N.B.
Stay Up To Date
HELPFUL ARTICLES & POSTS
Want all the latest news or updates? Browse through our blog to read our most recent posts and featured articles.
-
What You Need to Know About the “Take It Down Act” – A Federal Law Targeting Deepfakes and Revenge Porn -
When the System Fails: Protecting Inmates from Traumatic Brain Injury
-
Taking on Private Prisons in Mississippi: How Our Attorneys Fight Corporate Correctional Abuse
