10 Things You Should Know About Mississippi DUI's-Day 10

Here is our tenth and final tip in the "Ten DUI Tips in Ten Days" series. I hope that everyone has enjoyed reading and feels more informed and confident. Keep checking back because we will be doing interesting series like this often. With that being said, here's DUI Tip 10...

10. Do Not Wait to Hire a DUI Attorney. The Sooner the Better.

The government has a lot of experienced people working on its side to convict you of Mississippi DUI and put you in jail. Mississippi police and prosecutors are experts in putting people in jail and using what you say against you at a later date. You shouldn’t be going through this process alone. You need to even the playing field. You need to give yourself a shot to beat your Mississippi DUI outright. To do that, you need to have a good Mississippi DUI attorney on your side.

If you get in trouble with the law, don’t wait to hire a criminal lawyer. Waiting is not going to make the problem go away. Waiting is not going to lower your punishment. Waiting is only going to make it harder for your attorney to get you the results you deserve. If you get in a sticky situation and get a Mississippi DUI, get in touch with a DUI attorney today.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 9

9. Driver’s License Revoked? You may have an option. . .

There is the option to appeal the driver’s license suspension and have your driving privileges reinstated. If at the appeal you can show that: (1) your stop was improper; (2) the arrest was without probable cause; (3) the implied consent rules weren’t properly given; or (4) the other breath test procedures weren’t followed or there was something wrong with the machine, you may be able to get your revocation dismissed and you get your license back.

To retain this appeal right, however, you must file a notice of appeal within a specified number of days of your breath test results. Until you get your hearing and a decision is made, your license remains valid. If you have been arrested for Mississippi DUI, you should seek advice from a Mississippi DUI Attorney quickly.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 8

8. A DUI is Not the End of the World...

But by following Tips 1 Through 7, getting rid of a DUI may be a lot easier.

The goal of this blog series and tips 1 through 7 is not to get the police to let you go. If they are investigating you for Mississippi DUI, you should probably just throw that chance out the window because, most likely, they are going to arrest you for DUI and at least give you a breathalyzer. What rules 1 through 7 are designed to do is inform you of your rights, limit the evidence the police and prosecutor have and give you the best chance at trial to be found not guilty.

Keep that in mind when in the middle of everything with the police. It’s a marathon, not a sprint, and coming out of the gates hot (by making a bunch of statements and trying to talk your way out) can really hurt you when you are trying to reach the finish line.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 7

Thank you all for continuing to read. Hopefully, these tips have been informative. Here's number 7:

7. To Take a Breathalyzer or Not, That is the Question. . .

If you are arrested for a Mississippi DUI, once you get to the police station the police will try to sit you down and ask you a bunch of questions. Again, do not answer these questions. Just tell them you would like to remain silent. This is important because the questions start out very innocently asking for your personal information and eventually ask about your arrest, the amount of alcohol you have consumed, and similar questions that elicit information that will be used against you later. This is where you want to request to speak to an attorney. They may or may not let you do so at this time. If they don’t, sit tight because in a short amount of time they will have to give you access to an attorney.

After the police ask you those questions, they will then ask you to take the the breathalyzer test. Before giving you the breathalyzer, however, the police have to run you through a laundry list of checklists and procedures they are required to do under the law. Once they are done with these checklists, they are going to ask you whether or not you want to take the breathalyzer (remembering that if you refuse you face some harsher penalties, including a longer driver’s license suspension for violation of Mississippi’s Implied Consent Law). At this point, you only need to say one thing “I’d like to exercise my right to speak with a lawyer.” When you do this they have to let you speak with an attorney, which does a couple of things: first, it buys you a little more time before you have to take the breathalyzer; second, it allows you to speak with a legal professional about your options – whether or not you should take the breathalyzer; and third, it gives you an eyewitness other than the police that can speak to your level of sobriety, including whether or not your speech is slurred, your ability to comprehend the situation and speak coherently. Take advantage of this opportunity and demand to speak with an attorney.

Whether or not to take the breath test is a tough decision that will depend largely on the facts of your case, your specific personal situation, and your options once your license is suspended. Deciding whether or not to take the breathalyzer should not be made without speaking with a Mississippi DUI lawyer. Make sure you get to talk to someone before you make a decision.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's- Day 6

Welcome back to 10 DUI tips in 10 days!  Here's tip number 6:

6. If arrested for Mississippi DUI, do not answer any questions and ask to speak with a lawyer. . .

The tip today is in the event you are actually placed under arrest.  You may recall that the tip from Day 1 was similar and addressed speaking as little as possible during the police officer's initial investigation, but today's tip goes further and reminds you to always ask to speak with an attorney.  Being placed under arrested and subjected to police interrogation triggers your right to counsel. 

It is beause of this right that you have to be aware of what is going on; the moment you are arrested or feel you do not have the opportunity to leave freely, demand to speak with a Mississippi Attorney and do not talk until you get one.  In many cases, the police will put you on the phone with a public defender.  This is perfectly fine, you just need someone that can give you some advice on what to do right then and there to keep a bad situation from getting worse.

Don't be afraid to assert your rights.  The police must honor this request.

The article is not meant to be relied upon as legal advice.  It is for informational purposes only.   Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.   

10 Things You Should Know About Mississippi DUI's- Day 5

It's day 5 of the series and I would like to thank everyone who has been reading. Today's tip is as follows:

5. You Cannot Talk Your Way Out of a DUI. . .

If you haven't already understood from the first 4 tips, this should drive it home, you cannot talk your way out of a DUI. If someone you know has a story of where they talked themselves out of a DUI, odds are it had nothing to do with what they said, but rather revolved around the fact that the police officers did not believe the had enough evidence to arrest for DUI. Think of it this way, if a police officer is questoning you, he isn't asking questions to try and determine if he should let you go free, he is most likely looking for evidence to arrest you. Fore example, you never see a police report that discloses the things a suspect did right in a field sobriety test, you only see the things they did wrong. Why is that? Because they are trying to put you in jail. The point is, if you have something to say, speak with a Mississippi DUI Attorney. They can tell you whether or not you should say it and how you should say it so it will not be used against you later.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisons about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 4

Hopefully, everyone is enjoying reading these tips and finding them to be informative. Today’s tip is:

4. Never Take a Portable Breath Test. . .

If you want to know why you should refuse a request for portable breath test (PBT), see tip number 3. The same reasons for declining to participate in field sobriety tests apply to PBT’s. The only added reason you want to refuse a PBT test is because they are terribly inaccurate and unreliable; even more so than the actual breathalyzer test that is conducted at the police station. The police officer wants to use the PBT to try and detect the presence of alcohol on your breath, which would give the officer a reason to continue the investigation. You have the right to decline to take the PBT. The prosecutor will be able to use a PBT refusal against you in court, but there are no other penalties associated with it (just like field sobriety tests).

If asked to take a portable breath test, like field sobriety tests, just say “No, my attorney told me not to take portable breath tests.”

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Missisippi DUI's- Day 3

Welcome back to everyone that has been reading and for all of you who are just joining, today is Day 3 of our DUI series. If you missed the first two days, you can read them here and here. Today's tip concerns Field Sobriety Tests and is as folows:

3. Never Take Field Sobriety Tests. . .

There are a few things that make field sobriety tests problematic. First, they aren't very reliable, especially when conducted in the field, and second they don't actually provide information on your ability to drive a vehicle. Basically, field sobriety tests put you through a number of tests, all of which, divide your attention between at least two tasks and try to determine whether you can perform bothr tasks the same way sober people perform them. However, there is a major problem because studies have shown that field sobriety tests, even conducted in a perfect environment, only demonstrate impairment a small percentage of the time.

Because of the inaccuracy and unreliabilty of these tests, it would be a good idea to refuse to take any field sobriety tests. However, it must be noted that there are good things and bad things about refusing field sobriety tests. The good things are, first, the police will not have any evidence of you failing field sobriety tests, and second, there are no real reprecussions to refusing tot take the tests (no loss of license like if you refuse to take a breathalyzer test). The bad thing is, the prosecution may argue that you refused to take the field sobriety tests because you thought you were too intoxicated to pass them. Therefore, it would be a good idea to refuse the field sobriety tests with the statement "my attorney told me not to take field sobriety tests." This would take the focus off of your refusal, and it is more than reasonable for people to follow thier attorney's advice.

In the end, just say no to field sobriety tests. Taking them will not help you (kind of like talking won't), so it is best just otleave them be.

Check back tomorrow for another free tip.

This article is not meant to be relied upon as legal adivce. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 2

2. Asserting Your Rights Will Not Be Well Taken...

Today is Day 2 of our 10 day DUI series. If you read yesterday’s tip and put it into practice, you are going to quickly see that the police are not used to people exercising their rights and do not typically respond kindly. You should be prepared for this, and remain strong despite what may in the end amount to verbal harassment and threats. Always remember that you want to be cooperative to simple requests that ensure the officer’s safety, such as putting your hands behind your back, but at the same time you do not have to talk to them or perform any tests. In addition, if the pressure becomes too much simply ask to speak with an attorney, right then and there. This may not always get the police to stop their actions, but when you finally do speak with a Mississippi DUI lawyer, they will know how to address the police officer’s behavior. The take away lesson for today is: be ready for the police to react to your silence in a negative way and remember that no matter what they say, you are well within your rights to remain silent.

Don’t forget to check The Legal Perspective tomorrow for another free, helpful hint.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

10 Things You Should Know About Mississippi DUI's-Day 1

Today’s post is the beginning of a 10 day series that will offer one informative Mississippi DUI tip each day. Be sure to check The Legal Perspective each day for new information regarding Mississippi DUI’s. This first tip of this series is:

1.Watch your mouth

One of the oldest police tricks in the book is to get you talking with the goal of building a case against you. Ultimately, they will do anything they can to get you talking – be your friend, be your enemy, ask you random questions. Often times, the police officer doesn’t even care what you are talking about, just that your mouth is opening and words are coming out. The reason they are doing this is obvious: the police officer knows that anything you say can be written down and used against you later. Also, they know the more you talk the more likely you are to say something that is damaging to you and helpful to them.

To debunk a common misconception- you do not have to talk to police officers when they pull you over. The silent treatment is well within your Constitutional rights. All you have to do is provide your driver’s license, insurance information, and registration information, nothing more. You don’t have to tell the officer where you’ve been or where you are going. You don’t have to tell him what your favorite color is and you don’t have to, and never should, tell an officer if you have been drinking. Why? Because he will use that answer against you later – to help bolster his claim that you were driving under the influence.

So, what should you say if you get pulled over by the police and they start asking you about how much you’ve had to drink? Simple. You just say “my attorney told me to never answer that question.” Period. Then you just be quiet and wait to see what happens. Of course, the result may be a trip to the station, but at least you have preserved your rights. No matter what happens, you have the right to remain silent and refrain from incriminating yourself in criminal acts – and the police can’t use that silence against you.

Don't forget to check back tomorrow for a new tip.

This article is not meant to be relied upon as legal advice. It is for informational purposes only. Before making decisions about Mississippi DUI you should consult a Mississippi DUI Attorney.

Don't Let Your Past Hinder Your Future...

Did you know that it is, in fact, possible to take a conviction off your record? This process is known as expungement. An experienced expungement lawyer will be able to vacate a conviction, which means that the court will set aside, or erase the conviction.  In the state of Mississippi, under a set of very specific circumstances misdemeanor offenses can be removed from the public record, as though it never happened.

Employers are very concerned with any type of blemished records and are becoming more strict about who they are willing to hire.  Most often, companies are conducting criminal background checks on their potential employees.  Jobs that require security clearance will also require a criminal background check.  Most professional licenses cannot be obtained with a criminal conviction.  Even admittance to some colleges will be denied if the applicant has a criminal record, especially if you are thinking about attending graduate or professional school.  Clearing a criminal record can help people who are having trouble getting housing, a job or looking to start a new career by returning to school.  Maybe you would like to expunge a criminal record simply for a fresh start. 

Mississippi law is clear that DUI convictions do not qualify for expungement since they are traffic related offenses; however, minors may be able to get DUI convictions expunged.  If you are faced with a DUI charge, seek the assistance of a Mississippi DUI attorney to help you fight for your rights.  In addition, felony convictions are not covered under expungement law in Mississippi, but there are some instances where a pardon may be available to seal the record of a felony conviction.

Don’t let your past mistakes hinder your future, take control of it.  If you would like to have past criminal convictions removed from your record, contact a qualified Mississippi Defense Attorney today to get your fresh start.

DUI Did You Know: Estimate Your B.A.C.

Estimated BAC Information

There are many factors that affect your Blood Alcohol Concentration (BAC) when you drink. Some of these include: a person's size, gender and physical condition; what you have had to eat; how much sleep you have gotten; what medications you are taking and, importantly, the actual alcohol content of the drink.

Size and gender difference are reflected in the following estimated charts:

BAC Chart for Men

Men
Drinks	Body Weight in Pounds
	100	120	140	160	180	200	220	240
0	.00	.00	.00	.00	.00	.00	.00	.00	Only Safe Driving Limit
0	.00	.00	.00	.00	.00	.00	.00	.00	Only Safe Driving Limit
1	.04	.03	.03	.02	.02	.02	.02	.02	Driving Skills Significantly Affected Possible Criminal Penalties
2	.08	.06	.05	.05	.04	.04	.03	.03
3	.11	.09	.08	.07	.06	.06	.05	.05
4	.15	.12	.11	.09	.08	.08	.07	.06
5	.19	.16	.13	.12	.11	.09	.09	.08
6	.23	.19	.16	.14	.13	.11	.10	.09	Legally Intoxicated Criminal Penalties
7	.26	.22	.19	.16	.15	.13	.12	.11
8	.30	.25	.21	.19	.17	.15	.14	.13
9	.34	.28	.24	.21	.19	.17	.15	.14
10	.38	.31	.27	.23	.21	.19	.17	.16	Death Possible

BAC Chart for Women

Women
Drinks	Body Weight in Pounds
	90	100	120	140	160	180	200	220	240
0	.00	.00	.00	.00	.00	.00	.00	.00	.00	Only Safe Driving Limit
0	.00	.00	.00	.00	.00	.00	.00	.00	.00	Only Safe Driving Limit
1	.05	.05	.04	.03	.03	.03	.02	.02	.02	Driving Skills Significantly Affected Possible Criminal Penalties
2	.10	.09	.08	.07	.06	.05	.05	.04	.04
3	.15	.14	.11	.10	.09	.08	.07	.06	.06
4	.20	.18	.15	.13	.11	.10	.09	.08	.08
5	.25	.23	.19	.16	.14	.13	.11	.10	.09
6	.30	.27	.23	.19	.17	.15	.14	.12	.11	Legally Intoxicated Criminal Penalties
7	.35	.32	.27	.23	.20	.18	.16	.14	.13
8	.40	.36	.30	.26	.23	.20	.18	.17	.15
9	.45	.41	.34	.29	.26	.23	.20	.19	.17
10	.51	.45	.38	.32	.28	.25	.23	.21	.19	Death Possible

Subtract .01% for every 40 minutes that elapses from alcohol consumption.

*This information is taken from
Virginia Tech Alcohol Abuse Prevention website.

The only way to prevent a DUI arrest is to secure a sober driver. However, if you have been arrested for DUI you should contact a qualified Mississippi DUI Attorney.