In Mississippi, the state can take a driver’s blood without his or her consent when the driver has been involved in an accident that results in a death. The purpose for taking the blood is to determine the alcohol or drug content of the driver’s blood. Depending on the result of the test, as well as other facts, the driver may be charged with DUI manslaughter or vehicular homicide. The punishment for Mississippi DUI manslaughter is 5-25 years.
The law states that blood will be withdrawn within two hours of the accident, if possible. in order to do so, the police must simply have reasonable grounds to believe that a person is the driver of a motor vehicle involved in an accident that has resulted in a death. The law doesn’t say the police have to believe the driver is impaired, just that he or she is the driver of vehicle involved in an accident.
If your blood is taken by the police after a DUI fatality, you need to contact an experienced Southaven DUI attorney right away to review your case. The state is going to use the result of that blood test to prosecute you and try to send you to prison for five years or more. But there may be ways to fight the case. The procedures and analysis for blood work in DUI cases are not always done right by the state. There may be something in your system other than alcohol or drugs that triggers a high reading.
Any Mississippi DUI charge involving an accident is going to be serious. With such severe consequences, you owe it to yourself to have experienced and dedicated representation on your side. Contact Patrick Stegall, a Southaven DUI lawyer, at (901) 205-9894 or firstname.lastname@example.org, for a review of your case.