DUI Lawyer in Starksville, MS
Aggressive DUI Defense You Can Count On
If you or a loved one have been charged or arrested on suspicion of drinking under the
influence (DUI) in Mississippi, you may face harsh penalties that could jeopardize your freedom, reputation, and finances.
A drunk driving charge includes the possibility of fines and jail time, completion of a mandatory treatment program, and suspension or revocation of your driver’s license.
To protect your rights and avoid a conviction, it’s critical that you obtain quality legal representation as soon as possible.
Even if you feel like the evidence is stacked against you — don’t plead guilty without speaking to an attorney.
While it’s true that DUI cases in Mississippi are toughly prosecuted, they can be won. In fact, DUI Attorney J. Brian Kelley has a proven track record of negotiating reduced charges and alternative sentences on behalf of his clients. In certain cases, he has successfully gotten the charges dismissed altogether.
With a vigorous advocate like Kelley by your side, you’ll have more than a fighting chance to put this mistake behind you and move forward with your life.
Call the Law Office of J. Brian Kelley(662) 324-3476 today to arrange a Free consultation.
What’s At Stake for You Personally, Financially, and Professionally
A DUI conviction has a far-reaching impact on every aspect of your life. You will now have a criminal record which will force you to disclose your arrest on background checks and other applications. A conviction can adversely affect your ability to seek future employment, obtain housing, or secure loans.
Here are some of the consequences resulting from a DUI conviction:
- Hefty fines
- Jail time
- Mandatory treatment/education classes
- Driver’s License suspension
- Higher insurance premiums
- Loss of job or difficulty seeking future employment
- Damaged reputation
- Negative effects on your credit rating
- Mandatory installation of DUI Ignition Interlock Device
- Stays on your record for 5 years
Exercise Your Rights After Being Pulled Over
- You are not required to submit to a roadside portable breathalyzer test prior to an arrest
- You are not required to perform any standardized field sobriety tests including the eye test, walk and turn, and one-leg stand.
- Do not consent to a search of your car
- You have every right to remain silent. Don’t attempt to talk your way out of the situation. The less you say the better. If the officer asks you if you have been drinking, do not say anything to incriminate yourself, simply say: “I’m sorry, officer, but I’ve been advised not to answer any questions.”
Beginning The Legal DUI Process
Attorney Kelley will tackle your DUI case on two fronts: he will defend you against the criminal charges brought forth by the state’s criminal court system and will file motions with the Mississippi Department of Public Safety to protect your driving privileges.
In criminal procedures, the Law Office of J. Brian Kelley will conduct a very thorough investigation of every aspect of your case in order to challenge any evidence the prosecution may bring against you. We consult with experts in accident reconstruction, forensics, law enforcement, and medicine to expose weaknesses in the prosecution’s case.
We will be seeking answers to such questions as:
Were you advised of your Miranda rights at the time of your arrest?
Did the police officer have probable cause to pull you over?
Do you have any medical conditions that could have affected your test results?
Did the police officer fail to follow proper protocol when administering field sobriety tests?
Consequences of Refusing to Take A Breath, Blood, or Urine Test
If you have been lawfully pulled over on suspicion of DUI in Mississippi, you must comply with the state’s “implied consent” law which requires anyone driving on public roads to consent to a chemical breath, blood or urine test for the purposes of determining your blood alcohol concentration (BAC) level.
If you refused to take the chemical test, or you did take the test but your BAC level was over .08%, the state will attempt to suspend your driver’s license for 90 days to one year.
You Have 10 Days To Avoid A License Suspension
In order to fight the license suspension, you must request an administrative hearing with the DMV within 10 days of your arrest.
Attorney Kelley can help you schedule this and will file a Test Refusal Petition on your behalf. After the petition has been filed you will receive a temporary license valid for 45 days.
Apply for A Hardship License
If this is your first DUI offense and you agreed to the chemical tests, you may be able to petition your circuit court for a hardship license. In order to convince the court to grant you this license, you will need to prove that a revocation of your license would hinder your ability to get to work, school or medical appointments.
Reinstate Your License with an SR22 Form
If convicted of a DUI, Mississippi requires your auto insurance carrier to file an SR22 form or certificate of financial responsibility with the DMV.
This certificate serves as verification that you have obtained the minimum auto liability coverage necessary to satisfy the state’s requirements.
The Law office of J. Brian Kelley can answer any questions you may have about SR22 and steer you in the right direction.
Mississippi DUI Penalties
Illegal BAC Limits for:
- Adult Driver: BAC is 0.08% or over
- Driver under the age of 21: BAC is 0.02% or higher
- Commercial driver: BAC is over 0.04%
- Spend up to 48 hours in jail
- Pay a fine not less than $250 but no more than $1,000
- 90-day license suspension
- Attend and complete a Mississippi Alcohol Safety Education Program within 1 year
- Obtain an ignition interlock device (a device that requires you to perform a breath test in order to operate your vehicle) to be installed in your vehicle for at least 90 days
Second DUI (within 10 years of your first offense)
- A $600 to $1,000 fine
- 1 to 5 years in jail
- 10 days to 1 year of community service
- Possible forfeiture of your vehicle
- 2-year license suspension
- 10 days to one year of community service
- Ignition interlock device installed in your vehicle for six months or longer
Third DUI (within 10 years of your 2nd offense)
- $2,000-$5,000 fine plus court costs
- 1 to 5 years in prison
- Forfeiture of vehicle
- 5-year license suspension; may be eligible for reinstatement after three years
- ignition interlock device for no less than six months
- Must go through alcohol/drug assessment, and may be required to go to rehab
Aggravating Factors That Could Impact DUI Penalties
- Vehicular Manslaughter
- Children in the car
- Higher BAC
- Zero Tolerance
- Driving While Under the Influence of Drugs
- Out of state DUI
- Reckless Driving/Accident
DUI Causing Injury or Death in Mississippi
If you were involved in a car crash that injured or killed someone else and you were suspected of being under the influence, you could face a DUI manslaughter charge.
The penalties for this criminal offense are severe and include:
- No less than 5 years in prison and as much as 25 years for each person injured
- Up to $10,000 in fines
- Restitution for the victim(s)
A prosecutor will be tasked with proving that you were “culpably negligent” and your negligence caused the accident and subsequent injuries of the victims.
When the stakes are this high, you need a top-notch DUI attorney who can put together a solid defense on your behalf.
Here are a few strategies that have been effective in fighting a DUI injury charge:
- Establish dangerous road conditions (poor nighttime lighting, lack of traffic signage, weather) were the cause of the accident not intoxication
- Establish that the alleged victim may have partially contributed to the accident, i.e. he/she ran ran a red light, was speeding, or had violated another type of traffic law
- Prove that the police did not follow protocol when administering sobriety tests
- Discredit witnesses who misidentified you — case of mistaken identity
Expungement Now Available for First Time DUI Offenders
If you were convicted of a first time DUI on or prior to June 30, 2014, you may be eligible to petition the courts for a DUI expungement. An expungement will erase your conviction from the public record. This will give you a clean slate and open up new opportunities that weren’t available to you before.
Eligibility for Expungement
- Gave your consent to take a BAC test at the time of your arrest
- BAC was below 0.16
- Completed all court ordered penalties such as alcohol education classes, community service, paid all fines, etc.
- Have not been charged with or convicted of any other offense since your DUI conviction
When to Contact a DUI Attorney:
One of the most important things you can do to protect yourself after being arrested for driving under the influence of alcohol is to call a DUI attorney as soon as possible.
You do not have to answer any questions asked by law enforcement, and you have certain rights during the DUI stop and arrest.
An attorney can help you navigate through the criminal system while advocating for your rights and interests under the law.
Call DUI Defense Attorney J. Brian Kelley Today:
J. Brian Kelley is a seasoned DUI defense attorney who will work hard to see the charges against you dismissed or reduced. You can be confident that you’re in good hands when you contact Attorney Kelley after being arrested for driving under the influence. Call today for a consultation to discuss your case and defense strategy at (662) 324-3476.