Mississippi DUI Frequently Asked Questions
Common DUI questions asked about being arrested are answered here:
Have you been arrested for DUI in North Mississippi?
Tupelo DUI lawyer, William Wayne Housley, has remarkable credentials and exceptional track record in DUI defense. The consequences for DUI have never been more devastating and it is always in your best interest to speak with a DUI lawyer as soon as possible and as close in time to the arrest for DUI. The sooner the defense strategy can be developed, then typically a better result. Call William Wayne Housley, Attorney at Law today and allow his experience to go to work for you immediately.
Always remember than an arrest alone in no way means you are guilty. You always have the right to fight the DUI and any and all surrounding charges. William Wayne Housley, DUI attorney, has achieved great results in hundreds of cases in North Mississippi, including dismissal of DUI charges, plea bargains achieving optimum results for his clients, and reduction of charges to lesser included offenses.
Remember, a DUI case is always very technical and requires experience and know how to handle all the substantive and procedural issues surrounding it. The traffic stop itself may be cluttered with much to utilize in your defense.
Can I Refuse a Sobriety Test?
The process typically relied upon by officers is that where they suspect that you have been driving under the influence they will ask you to submit to one or a series of field sobriety tests. These standardized field sobriety tests are not the chemical tests that you are required to submit. Examples of field sobriety test are the one leg stand, walk and turn test and horizontal gaze nystagmus. Where the officer believes there is justification for arrest, the person will be arrested and taken to the local law enforcement facility and asked to submit to chemical tests which include breath, blood and urine with breath being the option usually given. Where one refuses this test, the driver’s license is suspended. Contact William Wayne Housley, Attorney at Law to assist in mounting a defense as soon as possible.
The roadside breath test is not a chemical breath test. The handheld AlcoSensor is only available to establish probable cause prior to arrest.
Can I Refuse a Chemical Test?
A possible reason to refuse the chemical test is that arrestee is waiting to speak with an attorney. You may have refused because you were unaware of the requirement or you firmly believed you were not impaired. There may be many reasons to refuse, but be aware that any refusal can result in automatic license suspension.
The best tactic to take where you believe you were wrongfully charged with refusal is to contact William Wayne Housley, Attorney at Law as soon as possible to build a defense and deal with license suspension issues.
Have you been charged with an out-of-state DUI?
If you have been charged with DUI offense in Mississippi and are licensed and live in another state, then you might have many questions. Mississippi is part of the Non-Resident Driver Compact along with 44 other states. Presently, Alaska, Oregon, Montana, Michigan, California and Wisconsin do not participate. The NRDC (Non-Resident Driver Compact) requires that where convicted of DUI in Mississippi, you will have to face the penalties imposed in Mississippi and home state. If you are arrested in Mississippi and live in another state, you may be unable to attend all hearings in Mississippi. In many cases, William Wayne Housley can handle the hearings without your presence.
If you are from out of state, do not hesitate in contacting William Wayne Housley, Attorney at Law, to represent you in DUI case in Mississippi.
Have you gone through a DUI checkpoint?
Roadside checkpoints are permitted by state and federal law subject to certain restrictions. The checkpoint mu-t have been announced, there must be a legal basis for the checkpoint such as the area has been statistically proven to have more DUI drivers, and they must stop every vehicle that goes through the checkpoint. The officer must have probable cause to suspect someone is driving while intoxicated prior to arrest. In addition, a supervising officer must approve the checkpoint. And finally, the roadblock and/or checkpoint cannot be set up simply because an officer wants to, for example, a rolling checkpoint.
You are required to provide driver’s license, proof of insurance and name and address. While the officer reviews the provided documents, he will be searching for signs of impairment that include:
- the smell of alcohol
- open containers of alcohol
- slurred speech
- fumbling or difficulty providing documents
- admissions of having drunk alcohol
- drug paraphernalia
You are not required to answer any questions beyond name and address and providing documents To defend a checkpoint case, contact William Wayne Housley to discuss the matter at 662-346-2069.
What are the consequences of a prior DUI conviction?
The penalties increase significantly for those who have prior DUI convictions and are considered to be “repeat offenders”. A second DUI conviction within a five-year period requires a fine between $600 and $1500, a jail stay between 5 days and 1 year, community service ranging from 10 days to 1 year, and that all vehicles registered be impounded and/or immobilized.
It is obvious, that the penalties increase greatly. Accordingly, research and retain a competent and knowledgeable DUI advocate. Do not got it alone. William Wayne Housley, Attorney at Law, offers his expertise and legal knowledge to assist. Everyone is entitled to another chance.
Will I go to jail if convicted on a first offense DUI charge?
Each case has its own unique facts and evidence. The judge can sentence you up to 48 hours in jail for conviction of DUI first offense, fine you between $250 and $1000, require you to complete MASEP and a victim impact panel and suspend license up to 90 days.
Remember, it is in your best interest to retain a competent and experience DUI attorney to assist with the substantive and procedural laws of DUI defense. William Wayne Housley, Attorney at Law, offers his wide range of experience and expertise to assist in your time of need.