Types Of Mississippi D.U.I.s


02.04.2017 IN: DUI Defense
Types of Mississippi D.U.I.s

Mississippi D.U.I.s

Just like a person can choose between many different drinks, a police officer has several different options for charging someone with a D.U.I. in Mississippi.

  1. Common Law D.U.I.
  2. Other Substance D.U.I.
  3. Illegal Substance D.U.I.
  4. Statutory D.U.I.
Common Law D.U.I.

If you are charged under a common law D.U.I., the arresting officer must show you were operating a vehicle on a state road, highway, or street while under the influence of intoxicating liquor. Under a Common Law D.U.I. in Mississippi, the officer must show you were impaired. That is why officers usually perform a field sobriety test; to show impairment.

Other Substance D.U.I.

The best example of this is when one takes a prescription medicine for which they possess a prescription. Remember reading a warning not to operate vehicles or heavy equipment on the side of one of your prescription bottles? This is why those warnings are on there. Again, an officer must show impairment.

Illegal Substance D.U.I.

This category is often combined with the Other Substance D.U.I. since they are very similar. The difference comes down to whether or not the individual lawfully possessed the substance causing the impairment. For Mississippi D.U.I. defense purposes, the steps for defense are identical.

Statutory D.U.I.

Lastly, have you ever heard of the breath test people take when charged with a D.U.I.? The reason these tests are given are to determine the amount of alcohol on someone’s breath. Blood and urine tests may be used. In Mississippi, if you are 21 years old or older and blow a .08% or greater, then you are impaired under the law. If you are under 21 then the amount changes to .02%. And there is even a different number for individuals operating a commercial vehicle which is .04%.

As you can tell, if you are charged with a D.U.I. in Mississippi, the law isn’t exactly straightforward. The best course of action is often to exercise your right to remain silent on the side of the road and hire an experienced D.U.I. attorney to represent you.

Here at The Franks Law Firm, PLLC, we know exactly how police departments behave and treat individuals. We are here to represent you if you were charged with a D.U.I. Call us to set up an initial consultation for $20.00 at (601) 283-2343.

By: Attorney Joey Franks