DUI/DWI Lawyer in Mississippi and Texas
If you have been arrested for DUI/DWI along the Mississippi Gulf Coast or in Texas, it is extremely important that you seek counsel from a knowledgeable DUI/DWI defense attorney. It is a criminal offense under Mississippi and Texas State Law to operate a motor vehicle under the following conditions:
- With a blood alcohol content (BAC) of .08% or greater (.04% or more if operating a commercial vehicle)
- While under the influence of any illegal drug or substance
- While under the influence of any drug or intoxicant
- While under the influence of intoxicating liquor
DUI or Operating Under Influence (OUI) charges entail serious negative consequences and may be punishable in the following ways:
- Jail – First time offenders can receive up to 48 hours of jail time. This penalty increases to from 5 days – months for second time offenders and up to 5 years for third time offenders.
- Fines – First time offenders can receive a fine from $250-$1,000 while second time offenders can receive a $600-$1,500 fine and up to $5,000 for third time offenders.
- Community Service – A second-offense DUI conviction requires the offender to complete 10 days to 6 months of community service.
- Non-adjudication – Under non-adjudication the driver must complete an alcohol safety program, a 120-day ignition interlock device (IID) requirement, and pay various fines and fees. If completed, penalties for the DUI may be waived unless the offender is convicted in the future of another DUI.
- Treatment – A second or subsequent offense requires the convicted person to complete an in-depth diagnostic assessment for alcohol or drug abuse. The driver must then follow any recommendations such as treatment programs.
- Aggravated DUI – An offense that results in injury or death can be charged as an aggravated DUI. For each injury or death, the convicted driver can face up to 25 years in prison.
- Child endangerment – An impaired driver who transports a passenger under 16 can be charged with a separate misdemeanor for child endangerment. For each child, there can be a separate charge that carries up to $1,000 in fines and a maximum of 12 months in jail. If the child is killed or injured, the charge will be a felony and result in a $10,000 fine and up to 25 years in prison.
- Restricted License – Prior to suspension, DUI offenders are permitted to a restricted IID license. Fees must be paid to receive the IID on all vehicles they drive. A driver with an IID license can continue to drive the IID-equipped vehicle during the DUI license suspension. First time offenders will have their license suspended for 120 days. Second time offenders must forfeit their license for one year, third time offenders for three years, and fourth time offenders for ten years.
- Educational Program – All convicted drivers must complete the alcohol safety education program and all other court-ordered requirements to be eligible for license reinstatement.
Can You Refuse a Breath Test in Mississippi and/or Texas?
If you have been stopped for a DUI/DWI in Mississippi or Texas, there are some important things to know. As part of obtaining your driver’s license, you agree to submit to blood, breath, or urine testing if requested by a police officer. If you refuse, you face immediate license seizure and a 90-day suspension for the refusal. A driver with a prior refusal or DUI conviction will be suspended for one year.
Get a DWI/DUI Defense Attorney in Mississippi or Texas | Wilson Law Firm
Hiring an experienced DWI/DUI lawyer along the Mississippi Gulf Coast or in Texas can have a big impact on your case, particularly if your recent arrest was for a second or third offense. This represents a specialized area of law and requires extensive knowledge of handling these types of arguments in order to get the results you need. Generally, Mississippi and Texas prohibit plea negotiations to reduce the penalties of a DUI; however, non-adjudication and other agreements can help reduce penalties if you are represented properly. Wilson Law Firm believes that every case can be argued, and we will work with you to provide the best possible outcome. Reach out today for a free consultation to discuss your options and how we can help.
If you have been wrongly charged with a crime, Wilson Law Firm will go to trial to fight for you! No matter the case or whether a felony or misdemeanor, we will defend you in either state or federal courts. We have the expertise and skill set needed to go to trial and aggressively defend you to whatever extent is necessary. Wilson Law Firm is committed to providing the best legal service on the Mississippi Gulf Coast and Texas. Contact us now for a free consultation at 228-436-6391.