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Pascagoula, MS DUI Defense Attorneys

Understanding Mississippi DUI Law, Serving the Entire Gulf Coast

There’s nothing more panic-inducing than the sudden appearance of red and blue lights directly behind your vehicle. You start to wonder—are your lights out? Were you speeding? How many drinks did you actually have before leaving the bar?

Driving under the influence is one of the most common driving violations in the United States, so if you’ve been arrested, don’t let shame get in the way of getting the legal help you need. A DUI conviction can completely change your life and limit your options moving forward. It’s time to talk to a DUI defense lawyer in Pascagoula to discuss your legal options and make a plan. Call Damian Holcomb and Associates at 228-432-6652 to schedule a free consultation now.

Contact a Qualified Biloxi DUI Defense Lawyer

If you have been arrested for DUI in the Biloxi, Mississippi area, it’s vital that you consult with a knowledgeable DUI attorney and that you avoid making any statements to the police. We urge you to take your right to remain silent and these charges seriously.

The best way to safeguard your freedom and future is to hire an experienced Pascagoula DUI lawyer. At Holcomb Johnson PLLC, our law firm believes in aggressively advocating for its clients. We will independently investigate your situation and build a defense designed to challenge the prosecution’s case and expose every possible weakness.

Reach out at (228) 432-6652 or use the form to the right to schedule your free consultation. Our law firm has offices located in Biloxi and Bay St. Louis for your convenience. 

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What You Need to Know About DUI Charges in Mississippi

When people think about DUI arrests in Mississippi, they often think of the BAC limit of 0.08%. While a BAC of 0.08% or higher is grounds for a DUI arrest, it isn’t the only way you can get arrested—even if the level of alcohol in your system is lower than the legal limit, you can still get arrested if you are obviously impaired.

 

The penalties you face with a DUI conviction depend largely on how many previous offenses you have. For a first offense, you could spend up to 48 hours in jail and pay a fine between $250 and $1,000. The penalties for a second offense increase; jail time ranges from five days to six months, and fines can be as high as $1,500. A third conviction could result in as much as five years of imprisonment and fines as high as $5,000.

 

If your DUI is considered aggravated, you may face a considerably longer prison sentence. If a driver causes mutilation or death to an accident victim while impaired, they’ll face aggravated DUI charges. A driver who is 21 or older and has a passenger younger than 16 in the car at the time of the arrest will face child endangerment charges.

 

Beyond your first DUI, other penalties apply. Plan on meeting community service requirements, undergoing a substance abuse assessment, and possibly attending substance abuse treatment.

 

The losses go far beyond the penalties listed above. The Driver Records Division provides information on the administrative consequences of a DUI. After an arrest for a first DUI offense, a driver’s license will be seized by police and replaced with a 30-day temporary driving permit. After that license expires, the driver’s license is suspended for 90 days unless they request an extension.

 

A 90-day suspension also occurs if a driver refuses chemical testing. If an arrest leads to a conviction, the individual’s license is suspended for 120 days unless the court orders an ignition interlock device that allows them to keep their license. It costs $175 to get an ignition interlock device installed, $56 to get an ignition interlock-restricted license, and $175 to reinstate your license to a regular driver’s license after your suspension is over.

Strategies for Fighting a DUI Charge

There are lots of ways to push back against a DUI charge. While you may feel like giving up after an arrest, know that you have options. By talking to a DUI attorney in Mississippi, you can figure out what the best option is moving forward. Defense options include:

 

  • Challenging the traffic stop: Police officers are required to follow specific procedures during traffic stops. If they did not have reasonable suspicion or probable cause when they pulled you over, the entire traffic stop may have been illegal. In that case, evidence secured from that traffic stop could be considered inadmissible.
  • Questioning field sobriety tests: If you are subjected to field sobriety tests during your traffic stop, you should know that those tests are highly problematic. They are very subjective, so what one officer considers an obvious fail could be considered a pass by another officer. These tests are unreliable and inaccurate; if they are a big part of the prosecution’s case, we’re ready to point out those flaws.
  • Looking further into chemical testing: Breathalyzer and blood tests are often the core pieces of evidence in these cases. Science is not perfect, and these tests can still be wrong. If equipment is improperly maintained or calibrated, testing professionals mishandle samples, or the chain of custody is disrupted, your sample may not be solid evidence.
  • Uncovering procedural errors: As a suspect, you still have rights. Should the police have made any procedural errors when arresting or questioning you, that could cause issues in the prosecution’s case.
  • Bringing in expert witnesses: There are many situations in which an individual may appear impaired but actually is not. If that applies to your case, we may bring in expert witnesses to assist.
  • Considering plea bargains: A plea bargain may allow us to limit the fallout of your conviction, restrict penalties, or help you avoid jail entirely via the state’s Pretrial Diversion Program.

Why You Should Choose Damian Holcomb and Associates

At Damian Holcomb and Associates, we know how frightening a DUI can be. Perhaps you, like many others, overestimated your driving abilities or underestimated the amount you had to drink. Maybe you weren’t impaired at all, and the police officers completely misconstrued the situation. You may have had your rights violated during the traffic stop. There are tons of reasons you may have to fight your DUI charges, and we’re here to help.

Our in-depth experience with and knowledge of DUI defense options makes us the natural choice for your current criminal defense issues. We’ve seen how prosecutors steamroll individuals in court, knowing that a DUI conviction is a great public relations win for their office. We also know that a DUI could have a wrecking ball effect on your life—and we want to prevent that. Our goal is to intervene quickly, look at the facts, and come up with a plan that protects your rights and future.

Reach Out Today—We’re Here to Help

If you’ve been arrested for DUI in Pascagoula, don’t wait any longer to get the help you need. Let us guide you through this challenging time. Give us a call at 228-432-6652 or fill out our easy online contact form to have an attorney reach out to you.