DUI Legal Limits And Prescription Drugs In Mississippi


01.16.2018 IN: DUI Defense
I got a DUI. Will they make me get treatment?
Mississippi D.U.I.s

Mississippi D.U.I.s

Joey: If you plead guilty, or you are found guilty of a DUI first offense, second offense or third offense, you’ll most certainly attend MASEP class, a Mississippi alcohol rehabilitation class. That’s usually the most treatment the court will order. For a DUI second or third, you may be looking at more.

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What are the legal limits in Mississippi?

Joey: It depends on your age and type of license. Assuming you’re 21 years of age or older; the legal limit is .08 with a regular driver’s license. If you’re under age 21, then that limit goes to .02, because Mississippi has a zero tolerance policy for minors. And if you possess a commercial truck driver’s license, then the limit goes to .04. It depends on the circumstances, but .02 to .08 on the high side are the statutory limits in Mississippi.

What should I look for in a DUI lawyer?

Joey: You want the Best DUI Lawyer Madison County MS that’ll tell you the good, the bad, and the ugly. You want to know the good points of your case; you want to know the bad points of your case. When you go into trial, can we get it dismissed or do we non-adjudicate? You want someone who has dealt with the officers before and has an idea of how they’ll testify to. And you want somebody that’s not scared to go to trial and deal with a prosecutor on your behalf.

What kind of mistakes can an arresting officer make

Joey: The biggest mistake an arresting officer can make is not having reasonable suspicion to stop you, probable cause to arrest you or failing to articulate that in the report. Quite often there are all kinds of errors when it comes to the report versus the affidavits. Also, on the side of the road, they may give improper instructions for a field sobriety test. Sometimes they fail to follow the procedure on the Intoxilyzer 8000 when they administer that breath test. There’s all kind of things an officer may overlook that can often lead to a dismissal of your case.

Can prescription drugs give a false reading?

Joey: Prescription drugs can certainly show up in the impairment side of the field sobriety test. They will not show up on a breathalyzer. However, if you’re given a urine or blood test, either the metabolites or the actual drug in your system may appear at that time, especially in the blood test. But, a false reading on a blood test, likely no. On a urine test, you may have metabolites as opposed to the actual drug in your system. It depends on the drug. And certainly they can give false readings whenever you’re doing field sobriety test. The Best DUI Lawyer Byram MS knows this stuff.

Call Attorney Joey Franks for a $19.99 consultation if you mention this blog at (601) 283-2343