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No one likes to consider the possibility of being charged with a DUI. But, there are important facts about Mississippi’s DUI laws that should be known in order to protect your rights should you or someone you know be charged. If charged with a DUI, you never go to court alone, or just plead guilty. Always contact a legal representative before handling any charges against you, otherwise you may face conviction when you could have been cleared of  all charges.


Another important fact to consider is the high cost of a DUI conviction. Not only could you be faced with paying considerable fines, but your license, your job, your reputation, and even jail time could await you if you have not prepared yourself for the very serious pending charges. A DUI conviction can severely damage your future, and follow you for the rest of your life. It is always in your best interest to protect yourself by hiring a lawyer who can give you the defense you need.


In the state of Mississippi, an officer must have “probable cause”, or good reason, to believe someone is driving drunk.  If the officer can show probable cause, they will request that the driver take a chemical breath test- also known as a breathalyzer- to determine the level of intoxication. The breathalyzer is the most common intoxication test, but blood or urine samples can be tested as well.


Mississippi’s implied consent law states “When you operate a motor vehicle in the state of Mississippi, you are giving your implied consent to testing for the presence of intoxicating substances in your body.” It is common mistake to believe that taking a breath, blood or urine test is absolutely required. You may refuse to take any test for intoxication but, if you exercise your right to refuse testing, greater penalties can only be applied if you are found guilty. However, additional defenses may be available to you if there is no valid test to prove you were intoxicated.


If you do find yourself charged with a DUI, the ticket will list a “plea date” which will tell you when and where you will be expected for your first court appearance.  At this point, you need to call an attorney to enter a plea of not guilty as soon as possible. It is extremely unwise for anyone to go to court without a lawyer, but especially in this case you will need a highly skilled attorney who has experience defending DUI charges.  A DUI conviction is far from automatic, and with the right attorney, you will be able to prepare a solid defense for your case.


Roberts and Associates is a law firm committed to aggressively defending our clients by using our years of experience and sophisticated insight into the legal system. Should you or someone you know be charged with a DUI, call us as soon as possible. The more quickly you take action, the more effectively our firm will be able to defend you.

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307 W Pine St | Hattiesburg, MS 39401
P.O. Box 1953 | Hattiesburg, MS 39403-1953

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