Arrested For DUI In Mississippi? We Can Help.

Seeing the police lights in the rearview mirror when you know you’ve been drinking can be one of the most anxiety-ridden experiences a person can go through. The thought of jail, fines and a ruined reputation can bring anyone down. However, it is important to remember: Your life is not over. With the help of a skilled, experienced criminal defense lawyer, it is possible to fight back and minimize the damage this instance can have on your life.

We can help. Sumrall & Welch, PLLC, is a criminal defense firm located in Jackson and serving clients throughout the state of Mississippi. Our attorneys bring decades of criminal law experience to bear on every case we handle. We have built a strong reputation for providing a successful defense against DUI charges and other criminal charges in Mississippi.

The 10-Day Rule

In Mississippi, you have just 10 days from the date of your arrest to request an administrative hearing to protect your driver’s license. If you miss this deadline, your license suspension may take effect automatically. Call Sumrall & Welch, PLLC, immediately to take action and protect your ability to drive.

What Is Involved In DUI Charges In Mississippi?

In Mississippi, it is a criminal offense to drive under the influence of alcohol or, for adults (aged 21 and over), to drive while having a blood alcohol content (BAC) of .08% If you are under 21, the BAC limit is .02% and for commercial drivers, it is .04%.

A DUI conviction can result in a criminal penalty, imprisonment, a fine or both; and suspension of your license for a specified time.

If a breath, blood or urine test shows that you have exceeded the BAC limit while driving, then your driving license can be immediately suspended and you will be issued a special temporary license pending the outcome of the case.

If you refuse to submit to a test, that can be held against you in subsequent criminal proceedings unless you can demonstrate that your refusal was reasonable.

Most first DUI convictions are misdemeanors, but if your DUI results in the death or disfigurement of somebody else, then the DUI offense can become a felony, resulting in imprisonment of between five and 25 years.

The penalties in Mississippi for DUI are severe and include:

• For an adult on a first offense, there can be a fine of $250 to $1,000 as well as court costs, imprisonment in a county jail for up to 48 hours and a one-year suspension of your driving license.
• For an adult on a second offense within five years, there can be a fine of between $600 and $1,500 as well as court costs; imprisonment in a county jail for between five days and one year; or community service of 10 days to one year, two years of license suspension, and your vehicle impounded or immobilized for the term of your license suspension.
• For a third offense, there is a fine of between $2,000 and $5,000, one to five years imprisonment, the suspension of your driver’s license for five years, the seizure of your vehicle for sale by the state and your conviction as a felon, with the accompanying loss of certain civil rights, such as the right to vote.

5 Ways We Challenge Your Mississippi DUI

Some of the ways legal counsel can challenge a DUI charge:

• Illegal stop: Law enforcement must have a valid reason to pull a driver over. If there was no probable cause or reasonable suspicion, the entire stop and any evidence gathered may be challenged.
• Faulty testing: Breath, blood and urine tests must follow strict procedures. Issues like poor calibration, improper timing or mishandling of samples can make results unreliable.
• Rising BAC argument: Alcohol levels change over time. A delay between the stop and testing could mean a driver was under the legal limit while driving, but showed a higher BAC later.
• Medical exceptions: Certain health conditions, including GERD or diabetes, can produce misleading breath test results that mimic intoxication.
• Procedural errors: Mistakes such as delayed paperwork, failure to submit reports on time or violations of proper protocol can weaken the prosecution’s case.

Each of these factors can open the door to reducing or even dismissing charges. Acting quickly also allows for independent testing after release, which may provide evidence that supports the defense. Because DUI laws are strictly enforced in Mississippi, it is important not to speak about the case with anyone before consulting an attorney.

Local Insight That Strengthens Your Defense

Handling a DUI case in Mississippi involves knowing how local courts operate and how cases are handled day to day. Familiarity with these details can shape how a defense is built and presented.

At Sumrall & Welch, PLLC, this local knowledge is a key part of the strategy. Based in Jackson and working across the state, we have direct experience with different court systems, prosecutors and enforcement practices. This includes:

• Knowledge of how Jackson courts handle DUI cases
• Familiarity with Mississippi Highway Patrol procedures and reporting standards
• Insight into how local prosecutors approach DUI charges
• Experience identifying patterns in how evidence is reviewed and challenged

This level of familiarity allows us to anticipate issues, respond quickly and tailor defense strategies to the specific court handling the case.

Defenses Against DUI

• You can challenge the actions of the arresting officer. Did the officer have cause to suspect you of DUI, or did he or she stop your vehicle on a random basis?
• Was the breath, blood or urine test conducted at the right time? It is not unusual for the test to take place an hour after the officer pulls you over. That interval may create a defense that the BAC may have been lower at the time you were driving as compared with the time you were tested.
• You may want to have an independent blood or urine test as soon as possible after your release from custody, which may help to invalidate the charges against you. The results of a breath test or blood test can often be challenged.
• Did the arresting officer submit the arrest ticket to the clerk of the court within the appropriate timescale?
• Do you have a medical condition that could mimic impairment or invalidate the findings of the BAC test?

If you are questioned and/or charged with DUI, then it is vital that you do not say anything before you have consulted an attorney, even to your own family. Do not assume that nothing can be done about any charges. The laws against DUI are becoming ever more severely enforced, and it is important to get advice from an attorney with DUI experience so that all your options can be considered.

Aggressive Defense

Our attorneys have unique experience fighting all types of criminal charges, including DUI. Although the penalties for DUI in Mississippi can be severe, especially with multiple convictions, our lawyers know how to fight these charges.

We know how to examine the arrest report, challenge the breathalyzer and blood tests and break down any roadside testing done by the police. In many cases, the police will make a critical error that can result in a mistrial, which means you can go free.

Our lawyers have a wealth of experience advocating for our clients in contested hearings and at trial. We have handled criminal cases of all levels of severity, from simple misdemeanors to the most serious felony cases. If there is any way to make these charges go away, we will find it.

Do I Need A Lawyer For A First-Time DUI Charge?

Yes. Well, technically, you don’t “need” a lawyer. You are free to defend yourself in court. However, there is a lot at stake if you are facing criminal charges. If you need to protect yourself and your future, you should only work with an attorney who is experienced and knowledgeable and has a track record of success.

Do Not Delay Your Defense – Contact Us Today

The sooner you get our lawyers involved, the more we can do to help you. Call us right away at 601-533-5551 or contact us online to get your case started.

We offer free initial consultations, so there is no risk in meeting with us, discussing your case and determining whether to hire us for your defense.