Mississippi Criminal and Family Law Blog

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety test, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

Recently, the police department of Portland, Tennessee came under fire for its handling of a routine DUI stop.  One night, after pulling over a vehicle for driving without headlights on, officers began conducting a standard field sobriety test.  During the test, officers noticed that the driver had slurred speech, glassy eyes, and smelled of alcohol.  Based on standardized field sobriety test results, the driver failed.  However, one of the officers noticed that the driver of the vehicle was a city employee.  A short time later, the driver was picked up from the scene and driven home.  No charges were filed and no arrest was made.  

While unfortunate, this “cover-up” is not at all routine among the nation’s police departments.  The rules that officers must follow when conducting a DUI traffic stop are incredibly strict.  Failure to appropriately follow these rules can result in dire consequences.  In the State of Mississippi, law enforcement follows these rules exceptionally well.  

How Does Mississippi Define Driving Under The Influence?

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety tests, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

According to WSAZ News Channel, A school bus driver has been arrested by West Virginia State Police following an accident back in September of 2022. Six students were injured and sent to the hospital after a crash in Wayne County involving a school bus, according to Wayne County Schools Superintendent Todd Alexander. “The first thing is safety,” Alexander said. “The safety of the students and the safety of the driver, and unfortunately in this situation we do believe there’s been some injuries. We don’t believe there’s been any serious injuries, but we do have some kids that are being checked out medically.”

Initially, Alexander was quoted saying, “I think there were some reports that there may have been a deer seen, but all of that’s preliminary. We don’t know exactly what happened. We’ll wait for the investigation results.” However, according to West Virginia State Police, Walter Collie, 43, of Genoa, West Virginia, was under the influence of drugs when he crashed his bus into a utility pole on September 12, 2022. Officials say about 40 students were onboard at the time of the accident along Mill Creek Road in Fort Gay.

What Would the Penalty if this Crime was Committed in Mississippi?

It’s no question that American’s love to party—but how much and at what cost? According to the CDC, in 2018 an alcohol impaired driver got behind the wheel 147 million times. From 2003 to 2012, 2,560 people died as a result of car accidents related to alcohol impaired driving in the state of Mississippi. In 2018, 26.5% of total fatalities in Mississippi were a result of alcohol impaired driving.

We’ve all heard the warning during holidays: “Drive safe, people will be out drinking!” or that there’s going to be a DUI checkpoint tonight. But just how dangerous is it to be out driving during a holiday? As it turns out, it can be very risky during several holidays.

According to MoneyGeek, the 5 most dangerous holidays for DUI are as follows:

If 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?