When’s The Best Time To Hire A DUI Lawyer?


07.27.2017 IN: DUI Defense
When’s the Best Time to Hire a DUI Lawyer?

Joey: As soon as you walk out of the jailhouse. That is the absolute best time to go ahead and select a DUI lawyer. Get online. Do some research. Find out who you think will be the best fit for you and who has experience in the DUI area. Give them a call and consult with them. A lot of attorneys offer consultations for a low amount to sit and talk with you. They’ll explain your options and see which one is the best fit for you.

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Is a DUI a felony?

Joey: Most DUIs fall in the misdemeanor category. There are three ways it’s a felony, though. The first, and probably the most common, is the third offense DUI. Once you get a third DUI, you have a felony, and you’re subject to some serious time in the state penitentiary.

Then you also have the Child Endangerment DUI. That’s normally also a misdemeanor, but if the child is injured while in the vehicle and you are convicted of driving under the influence, it’s gotten a felony.

The third way is an aggravated DUI. Say you crossed the double yellow lines, and you’re intoxicated, and you hit another vehicle causing serious injury to that person. At that point, you’ve committed a felony and the DUI goes from being a misdemeanor that we can usually work out in a reasonable manner for your benefit to a very, very, very serious offense with years in jail.

What does DUI Attorney Brandon MS do?

Joey: First, we’re going to try waiving any initial appearance. We’re going to minimize the amount of time you actually to spend in court because we understand people are trying to work and make a living. We’re trying to get it off their back to the best of our ability. So, minimize your amount of time in court.

Second, we’re going to try getting your court file. There are some new rules in Mississippi in the justice courts and municipal courts, allowing us to see discovery we previously didn’t have access to. Prosecutors are required to give that to us. We’re going to see what they have against you. We want to see the reports, the crime labs, officer statements and the videos. We’re going to try to find that either an officer messed up or failed to prove you qualify beyond a reasonable doubt for driving under the influence first, second, or third offense. DUI lawyers look at the facts and they apply the law to your advantage.

What about immigrants?

Joey: Legal immigrants could be looking at some delays in visas or immigration paperwork because that needs to be disclosed. For illegal immigrants, they could be deported. There’s also a chance nothing happens, especially in some smaller communities. It’s a hit and miss when it comes to the illegal immigrants.

A DUI is usually not a complete holdup to becoming a legal immigrant. Discuss this with your immigration attorney. But very rarely does a DUI alone sink your chances for legal immigration to the United States.

Tell me again, what if my kids are in the car when I get stopped?

Joey: Well, you become subject to an entirely new DUI offense. It’s called DUI Child Endangerment. It carries a much heftier penalty as far as time in jail and fines. You’re looking at up to 12 months in jail. If a child 15 years of age or younger is in the automobile when you get a DUI, then you’re also going to be charged with DUI Child Endangerment, which is a separate offense, and carries a fine, and like I said, up to 12 months in jail. It’s still a misdemeanor unless, as I previously stated, the child is injured in the vehicle.

Quite often we can resolve issues. Sometimes the police fail to get proper information on the child and can’t prove the child was under the age of 15. If they can’t do that, then they don’t meet the requirements of the statute. The absolute best thing is, don’t drink and drive with a child in the vehicle.

The police are going to be aware and looking. They’re going to throw the book at you if that’s the situation, which makes it even more imperative you get a DUI Attorney Byram MS involved.

Call Attorney Joey Franks for a free consultation at (601) 773-7777!

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