Mississippi Criminal and Family Law BlogIf you commit four DUIs within a few years in Mississippi, you face serious consequences. A first DUI might result in a slap on the wrist, and penalties for a second DUI can be moderately worse. But when the courts see that you have committed four DUIs, they will inevitably come to the conclusion that you have not learned your lesson. This means that the penalties will be much worse. In this situation, it is imperative to explore effective defense strategies to mitigate or even escape legal consequences. But is this even possible? What should you do if you find yourself in this situation?
What are the Penalties for a Fourth DUI in Mississippi?
Sometimes, it is difficult to figure out what the consequences of a fourth DUI actually are for the average citizen. According to Mississippi law, a fourth DUI is considered a felony with a fine of between $3,000 and $10,000. Of course, most people are primarily concerned about prison time. You can expect to face between two and 10 years in prison for a fourth DUI. But this is an incredibly wide scale, and there is a major difference between two and 10 years in prison. So what penalty does the average DUI convict face in Mississippi for this offense?
In the end, the consequences depend entirely on the quality of your defense strategy and the unique circumstances of your situation. Some DUIs are inherently worse than others. For example, you may have crashed into a tree – or you may have hit a vehicle with children inside. You may have been driving only slightly above the legal limit, or you may have had three times the legal amount of alcohol in your system. Generally speaking, it is rare to face the full 10-year sentence unless you have committed a particularly egregious offense.
Erasing Your Existing DUI Charges
It may be possible to get pardons or expungements for prior DUI charges. This would effectively “reset” the clock, meaning that your next DUI would be considered a third offense rather than a fourth. Of course, this strategy doesn’t work if you are already facing charges for a fourth DUI, but it could be an excellent preemptive strategy if you have already committed three prior offenses and are worried about committing a fourth. To get an expungement or pardon, you will need to work with a qualified attorney.
Fighting the Charges
One of the most obvious ways to fight a DUI charge is to challenge the reliability of the arresting officer and the police report. The police witness who made the arrest may give contradictory statements. They may also make errors in their testimony, such as recalling the wrong date or time of day. In addition, they might make errors on the police report – perhaps writing the wrong license plate or another similar mistake.
You can also challenge the constitutionality of the entire traffic stop. For example, the police officer might not have had a valid reason to pull you over in the first place, making everything that happened after the traffic stop invalid in the eyes of the law.
Of course, the breathalyzer test can be challenged in court. For example, it might not have given a valid reading. It might not have been calibrated or stored properly by the police officers. The breathalyzer test might not have been used at all, and the police officer may have instead relied upon roadside sobriety tests that are less reliable and more subjective.
Pleading Guilty
Sometimes, the best option is simply to plead guilty. While this might not be true in all situations, you need to know when to accept the extent of the evidence laid against you. In this case, your attorney can guide you toward a positive outcome and attempt to get the best deal for you while working with the prosecutors.
Enlist the Help of a Qualified Attorney
When you are searching the state of Mississippi for a qualified, experienced dui defense attorney, look no further than Vic Carmody Jr., P.A. no matter the circumstances of your case, the sooner you get in touch with a qualified dui defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped countless defendants who have been charged with DUI’s. Please call us for a consultation today. We can help you defend yourself when you are arrested and charged with a DUI in Mississippi.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com, and our office phone number is (601) 948 – 4444 option 1.