In Mississippi, driving under the influence for minors and juveniles is treated differently than for adults. The biggest difference is that with underage drivers, the threshold amount of blood alcohol content to prove intoxication is much lower. For persons who are above the legal age to purchase alcoholic beverages under state law (anyone 21 and…
If you were arrested for driving under the influence in Olive Branch or Southaven, MS and submitted to a breath test for blood alcohol content (BAC), you may be charged under the state’s “per se” law. This law says that you can be convicted just on the level of your BAC, and that no proof…
In order for someone to be convicted of DUI in Mississippi, he or she must “drive or otherwise operate” a motor vehicle while under the influence or with a blood alcohol concentration of .08% or more. This article will look at the element of operating a motor vehicle, a seemingly minor but crucial detail in…
The crime of driving under the influence in Mississippi is found in Title 63-11-30 of the Mississippi Code. It says that it is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance…
In order to arrest someone for driving under the influence, the police must first have reasonable suspicion to pull them over. If the police lacked reasonable suspicion, then any evidence flowing from the stop, including an arrest, is illegal and can be thrown out. The vehicle stop itself is not an arrest. It’s simply a…
