Mississippi DUI Lawyer Discusses DUI Charge Without Breath Test

Mississippi law provides that a person may be charged with DUI, even if the police don’t have a breath test or other chemical sample showing a blood alcohol concentration of .08% or more.

Under Mississippi Code Section 63-11-30(1), “it is unlawful for any person to drive or otherwise operate a vehicle within this state who…is under the influence of intoxicating liquor.”  This section allows a person to be arrested and charged with DUI even if there is no proof of his blood alcohol concentration.  Furthermore, this section can even be used where there is a chemical test that is below .08, but where the defendant is nevertheless “under the influence” of alcohol.  In Mississippi, this is sometimes called “common law” DUI. 

To prove a person guilty of DUI under this section, the State must produce “sufficient evidence to prove the defendant’s ability to operate a vehicle was impaired by the consumption of alcohol.”  Evans v. State, 25 So.3d 1054, 1059 (Miss. 2010). 

Mississippi DUI officers generally try to prove that a driver was under the influence under this statute by showing that the person’s driving was consistent with someone who was impaired by alcohol (weaving, drifting, etc.), and/or that the driver acted as if he was under the influence of alcohol (staggering, slurred speech, swaying, etc.).

Obviously, it is much harder for the State to prove that a driver is under the influence of alcohol under this section, rather than under the Mississippi per se DUI law.  There are usually many more defenses to a DUI charge under this section than are available under the per se law, as well.

If you’ve been arrested for DUI, don’t assume you will be found guilty.  We are in the business of winning Mississippi DUI cases.  If you’ve been charged with DUI, please contact me at 601.944.1984 for a free consultation.  For more information, please check out my Mississippi DUI Lawyer website.

Jackson, Mississippi DUI Lawyer Explains DUI Charge With Breath Test Result

Under Mississippi DUI law, there are several options for police to charge a person with DUI.  One of these options is the DUI “per se” law.

Mississippi Code Section 63-11-30(1) states:

it is unlawful for any person to drive or otherwise operate a vehicle within this state who…has an alcohol concentration of…(.08%) or more…in the person’s blood….

Police in Mississippi usually obtain a breath sample from the driver in order to find out if his blood alcohol concentration is .08% or more.  It is important to note that a person cannot be charged under this section if there is no test of his blood alcohol concentration, such as where the driver has refused the test.

Based upon this part of the Mississippi DUI law, in order to prove the DUI charge the State must show:

(a) that the driver drove or otherwise operated a vehicle;

(b) when he had a blood alcohol concentration of .08% or more.

This may seem like a pretty easy way for the State to prove a DUI charge.  However, Mississippi law provides many defenses to this charge.  Just because a driver “blew” a .08 does not mean he will be convicted of a DUI charge.

Curt Crowley is a DUI lawyer in Jackson, Mississippi.  If you have been charged with DUI, please contact us at 601.944.1984, for a free consultation.  Also, please feel free to visit our Jackson, Mississippi DUI Attorney website.

Ridgeland, Mississippi DUI Lawyer Explains What Tests The Police May Ask You To Take

If you get arrested for DUI in Mississippi, the officer will likely ask you to give a sample of your breath.  This is done by blowing into a device called the Intoxilyzer 8000.  This is usually done at a local Sheriff’s Office or police department.  Under Mississippi DUI law, officers may also ask that you provide a sample of your blood or urine for testing.  However, in Mississippi, blood or urine tests are not usually requested unless the DUI suspect was involved in an accident, or if the officer suspects the driver is under the influence of a substance other than alcohol.

If you get charged with DUI in Mississippi, the law provides for testing to help the police prove you are guilty of DUI.  However, even if your breath sample shows that your blood alcohol concentration is over .08%, you still may be able to beat the DUI charge. 

Curt Crowley is a DUI lawyer in Jackson, Mississippi.  If you have been arrested for DUI, please contact us at 601.944.1984, or visit our Mississippi DUI lawyer website for more information.  There is no charge for an initial consultation.

Mississippi DUI Lawyer Defines Implied Consent

Mississippi’s DUI statutes, like all states, contain something called “implied consent.”  What this means is that in exchange for the State of Mississippi granting you the privilege of operating a motor vehicle on the roads of this state, you are “deemed” to have given your consent to having your breath, blood or urine tested for alcohol or other substances which may impair your ability to operate a motor vehicle.

Charged with DUI in Mississippi and need a lawyer?  Please contact us at 601.944.1984 for a free consultation.  For more information, please visit our Mississippi DUI Lawyer website.