Misdemeanors and DUIs in Oxford, MS

Facing a DUI or misdemeanor charge can be a stressful and overwhelming experience, but you don’t have to navigate the legal process alone. At Tollison & Webb, P.A., we offer skilled legal representation for clients facing these charges. Our goal is to protect your rights and reduce the impact on your life by assisting you in achieving the best possible outcome.

DUI charges can lead to serious consequences, such as fines, license suspension, higher insurance rates, and even jail time. Misdemeanor charges, although less severe than felonies, can still result in significant penalties and impact your personal and professional life. Whether you’re facing a first-time DUI, reckless driving, shoplifting, simple assault, or other misdemeanor charges, our experienced attorneys are here to assist you.

What Are Mississippi’s DUI Laws?

In Mississippi, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. If you are over the age of 21, a blood alcohol content (BAC) of 0.08 or higher is considered driving under the influence. If you are under 21, a blood alcohol content (BAC) of 0.02 or higher is considered driving under the influence. Additionally, if you hold a commercial driver’s license (CDL), a blood alcohol content (BAC) of 0.04 or higher is also considered driving under the influence, even if you are driving your personal vehicle.

What Are Field Sobriety Tests and Breath Tests?

Field sobriety tests consist of several assessments you are likely familiar with, including the walk-and-turn test, the one-leg stand test, and the counting backward test, among others. Most importantly, these tests are highly subjective and you are not obligated to submit to them.

After your arrest and arrival at the police station, you will be asked to provide a breath sample for testing. If you refuse this test, your license could be automatically suspended for a period ranging from 90 days to one year.

What Are the Penalties for a DUI?

Penalties for a DUI conviction of an adult, non-commercial driver in Mississippi are harsh, and they increase significantly if you are convicted of multiple DUIs. Additionally, certain circumstances may increase the punishments for a DUI.

First Offense:

• Fines up to $1,000.00 in addition to court costs.
• Up to 48 hours in jail.
• Driver’s license suspension of up to one year.
• Completion of an alcohol safety and education program.

Second Offense in Five Years:

• Fines up to $1,500.00 in addition to court costs.
• Up to one year in jail.
• Driver’s license suspension of up to two years.
• Vehicle immobilization or impoundment for the duration of the license suspension.
• Completion of a substance abuse treatment program.

Third Offense in Five Years:

• Fines up to $5,000.00 in addition to court costs.
• Up to five years in prison.
• Driver’s license suspension of up to five years.
• Vehicle seizure and sale of your vehicle.
• Felony conviction.
• Completion of a substance abuse treatment program.

Fourth or Greater Offense:

• Fines up to $10,000.00 in addition to court costs.
• Up to ten years in prison.
• Inability to drive a vehicle without an ignition interlock for ten years.
• Vehicle seizure and sale of your vehicle.
• Felony conviction.
• Completion of a substance abuse treatment program.

Are There any Defenses to a DUI?

There are several defenses available to you if you face a DUI charge in Mississippi. For instance, unless you are stopped at a roadblock or DUI checkpoint, the arresting officer must have probable cause for the stop. If there is no probable cause, any evidence obtained after the stop will be inadmissible. If the case against you relies on an admission made to the arresting officer, that statement cannot be used against you if the officer failed to inform you of your Miranda rights. If you have a medical condition or another explanation for erratic driving that may have prompted an officer to stop you, you might be able to avoid a conviction. Lastly, faulty testing can often serve as a defense to a DUI if the officer is not adequately trained in administering tests or the breathalyzer machine has not been correctly maintained.

What is a Non-Adjudication?

Mississippi’s non-adjudication laws allow most first-time DUI offenders to reduce the legal consequences of a DUI. As part of the non-adjudication process, the court will impose specific requirements that the first-time offender must complete within a designated timeframe. These requirements typically include alcohol education classes, victim impact panels, community service, payment of fines, and a period of probation. Upon completing these requirements, the charge will be non-adjudicated without a conviction. Non-adjudication will enable you to continue driving your vehicle by installing an ignition interlock system.

What is an Expungement?

Expungement removes all records related to your arrest, court proceedings, and sentence from public view. After you successfully obtain an expungement, when a potential employer, lender, landlord, or academic institution conducts a background check, they won’t be able to access any of that information. After an expungement, if asked about previous criminal records, you typically won’t need to disclose this information.

Any conviction for a first-time misdemeanor, other than a traffic violation, can be expunged. You may also be eligible to expunge additional misdemeanor convictions from your record. Certain felonies may also be expunged from your record after five years have passed since the date of conviction, provided your attorney can demonstrate to the court that you have been rehabilitated.

Why Should You Hire Tollison & Webb P.A. to Handle Your Misdemeanor or DUI?

At Tollison & Webb P.A., we believe everyone deserves fair treatment under the law. With years of experience, we assist clients in having charges dismissed or minimizing the consequences of those charges. If you have been charged with a DUI or other misdemeanor in Mississippi, Please reach out to us today to schedule a consultation, and let us help you confidently navigate this challenging time.