What is the
In Mississippi, if you either refused to submit to a breath, blood, or urine test, the state will attempt to suspend your license or privilege to drive for 90 days to one year. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a test refusal petition within 10 calendar days after the mailing of a notice of letter of intent to suspend. Filing an test refusal petition does not postpone the suspension. In a significant percentage of cases, we are able to prevent any suspension. The license you receive when there has been a refusal to take a stateadministered test is valid for only fortyfive (45) days from the date of the arrest. This license cannot be renewed or extended for any period of time. The test refusal hearing is an informal hearing. There will not be a jury. This is an additional proceeding that we handle for you. The decision will be announced at the administrative hearing to agree with the State to suspend your license or to return it to you. The hearing is needed to determine if you wll be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Mississippi prior to your trial. In additional, this hearing offers us a great opportunity to crossexamine the officer under oath about the facts of your case.
Other Mississippi Drunk Driving Defense FAQs
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What should I do if and when I am stopped by law enforcement?
Upon seeing blue lights you should stop your car at the first available and safe location. Although you do not have to submit to any field sobriety tests or perform … more -
Should I take the breath test?
Most attorneys will have a difference of opinion on this question. You are the only one that can decide this for yourself and particular situation. However, you should … more -
What are Field Sobriety Tests (FST) and should I submit to them if asked to perform them?
Field Sobriety Tests (FST) are generally standardized tests which (some) officers have received training to administer and assist them in determining if a suspect is … more -
What are the penalties for a First Offense DUI?
DUI First Offense: $250.00 $1,000.00 fine; imprisoned for not more that 48 hours; and attendance of an alcohol safety education program (MASEP); driver's license … more -
What are the penalties for a Second Offense DUI?
DUI Second Offense (within 5 year period): $600.00 $1,500.00 fine; 5 days or no more than 1 year imprisonment; not less than 10 days nor more than 1 year … more -
What are the penalties for a Third Offense DUI?
DUI third or subsequent offense (within 5 year period): This is considered a felony. $2,000.00 $5,000.00 fine; imprisoned not less than 1 year and no more than 5 … more -
Can I get a Hardship License?
Only First offenders who are not considered to have refused the breath test are considered. If you meet this basic hurdle, you may petition the Court for the return of … more -
What effect does a DUI conviction have on my record?
In Mississippi, a DUI conviction stays on your driving record for, during which time any additional DUI convictions will increase the punishment. The charge itself … more -
What does a plea in a DUI trial mean?
There are basically three types of pleas in DUI cases. The first plea is taken on a date called an "arraignment" date, usually your first court appearance. At the … more -
If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Mississippi?
Drunk driving convictions from other states can show up in Mississippi in any number of ways. Most states are now linked together through computer systems run by law … more
