DUI Defense Attorney in Southaven

Fight a DUI Charge with a Skilled DUI Defense Attorney in Southaven

If you face a DUI charge in Southaven, you likely feel overwhelmed and unsure about your next steps. Our team at Hayes Law Firm stands by people in DeSoto County and across Northern Mississippi, offering steady support and trusted advice throughout the process. 

Each client receives a tailored defense strategy designed to protect your rights and help you make informed choices. With a focus on transparent communication and straightforward legal guidance, we make sure you regain control during a difficult time.

Don't risk a mandatory license suspension or felony DUI. Call a DUI attorney in Southaven now! We are Certified Criminal Law Specialists offering 24/7 availability and free consultations. Contact our firm at (662) 503-8409 or reach out online immediately.

Understanding DUI Laws in Mississippi

Mississippi law defines DUI based on two primary theories of guilt. For an adult over 21, the State can secure a conviction by proving either:

• Impairment: You were driving or operating a vehicle while under the influence of intoxicating liquor or any other substance that impaired your ability to operate a motor vehicle.
• Per Se Violation: You had a Blood Alcohol Concentration (BAC) of 0.08% or higher. This standard applies regardless of whether the State can prove actual physical impairment.

Mississippi law also includes a Zero Tolerance provision for minors under 21, establishing a legal limit of 0.02% BAC. If a minor's BAC registers 0.08% or higher, they face the full adult penalties. A thorough Southaven DUI defense lawyer challenges the evidence supporting both the impairment and the per se theories.

Penalties and Collateral Consequences of DUI Convictions

Mississippi DUI penalties are cumulative and increase sharply with repeat offenses occurring within a five-year period. The penalties are harsh and include both criminal sanctions and administrative penalties that affect your driving privileges.

1. Direct Criminal Penalties

• First Offense (Misdemeanor):
  • Jail time: Up to 48 hours (may be substituted with attendance at a Victim Impact Panel).
  • Fine: $250 to $1,000.
  • Required: Mandatory completion of the Mississippi Alcohol Safety Education Program (MASEP).
• Second Offense (Misdemeanor, within 5 years):
  • Jail time: 5 days to 1 year.
  • Fine: $600 to $1,500.
  • Required: Mandatory diagnostic assessment for alcohol/drug treatment.
• Third Offense (Felony, within 5 years):
  • Imprisonment: 1 to 5 years in state penitentiary.
  • Fine: $2,000 to $5,000.
  • Required: Mandatory treatment and vehicle seizure/forfeiture proceedings.

2. Collateral Consequences

• License Suspension/Revocation: Loss of driving privileges for 120 days up to 5 years.
• Nonadjudication Bar: Refusal of a chemical test or a BAC over 0.16% bars a first offender from nonadjudication, which is crucial for protecting your criminal record.
• Increased Insurance Rates: DUI convictions lead to skyrocketing auto insurance rates and the requirement of an SR-22 filing.
• Permanent Criminal Record: Felony DUI convictions (third and subsequent) result in the loss of voting rights and gun ownership rights.

The Mississippi Criminal Defense Process for DUI Charges

A DUI case involves two distinct legal processes that run concurrently: the criminal case (in Municipal or Justice Court) and the administrative license suspension case (with the Department of Public Safety—DPS).

A. The Administrative License Suspension (ALS)

The ALS determines your ability to drive and is separate from the criminal conviction.

• Implied Consent: Under Mississippi's Implied Consent Law, driving on a public road means you consent to a chemical test if lawfully arrested for DUI.
• 10-Day Deadline: If you refuse the test or fail it (BAC ≥0.08), the officer confiscates your license and issues a 30-day temporary permit. You have only 10 days from receiving the suspension notice to file a lawsuit against the Commissioner of Public Safety to contest the suspension.
• Refusal Penalty: A refusal triggers a one-year license suspension, which is absolute and generally ineligible for a restricted license.

B. The Criminal Court Process

This process determines guilt and imposes fines, jail time, and mandatory education.

• Arraignment: You will enter a plea (typically "Not Guilty" to preserve all rights) in the Southaven Municipal Court or DeSoto County Justice Court.
• Discovery and Motions: We file motions to obtain all evidence, including breath test data, maintenance logs, and video. We file a Motion to Suppress if there are any constitutional violations in the stop or arrest.
• Nonadjudication/Expungement: For qualifying first offenders, we pursue Nonadjudication, which allows the court to impose penalties without a formal conviction. After five years, we can file for expungement to wipe the charge from your record, provided all conditions (like no test refusal, BAC below 0.16%) were met.

Our Comprehensive Approach to DUI Defense

Hayes Law Firm leverages our unique qualifications as former prosecutors and Certified Criminal Law Specialists to build a comprehensive defense tailored to the specific court procedures in Southaven.

• Challenging the Stop (Fourth Amendment): We scrutinize the initial basis for the traffic stop. If the officer lacked a non-pretextual reason for the stop, all evidence gathered afterward is "fruit of the poisonous tree" and subject to suppression.
• Attacking the Breathalyzer Science: The Intoxilyzer 8000 used in Mississippi is highly technical. We challenge the science behind the BAC reading, including:
  • The machine's certification and calibration history.
  • The officer's strict adherence to the 20-minute observation period.
  • The "Rising BAC" defense, arguing the BAC was below 0.08% at the time of driving.
• Nonadjudication and Mitigation: We focus aggressively on qualifying our firm clients for Nonadjudication and, ultimately, expungement. We advise clients on how to protect their eligibility, particularly regarding BAC levels and chemical test refusal.
• Trial Readiness: We approach every DUI defense attorney in Southaven case ready for trial, using our Certified Criminal Law Specialist designation to challenge the State's subjective evidence (Field Sobriety Tests) in the courtroom.

Why People Rely on Our DUI Defense Attorneys in Southaven

Many in Southaven trust our team when they need a DUI defense attorney who combines strong knowledge of Mississippi drunk driving laws with tireless client support. Our attorneys have handled DUI charges across DeSoto County for years, building a reputation for solid legal strategies and treating each case with individual care. 

Our 24/7 consultation access means you never have to face stressful moments alone. We always keep you informed, comfortable, and confident throughout the entire process.

We believe effective DUI defense in Southaven starts with honest conversations, not legal jargon. Our regional presence gives us a deep understanding of local court systems, law enforcement habits, and the issues that matter most in Southaven DUI cases.

We get you reliable information as soon as it’s available so you know what actions to consider—no guessing, no surprises.

• Understanding the law: DUI penalties in Mississippi depend on the number of prior convictions, your blood alcohol content, and whether any aggravating factors exist.
• Facing local courts: Cases in Southaven typically move through DeSoto County's established court system, where familiarity with procedures can shape your defense.
• Protecting your rights: Having a DUI lawyer in Southaven means working with someone who examines your arrest, test results, and every detail, searching for errors or improper practices that could affect your case.

Our Step-by-Step Approach as Your DUI Defense Lawyer in Southaven

At Hayes Law Firm, you get a DUI defense lawyer in Southaven who takes the stress out of legal proceedings. We break down every step of the process—starting with your first hearing and moving through each phase, all the way to trial, if required. Our approach emphasizes transparency and careful planning so you stay informed, involved, and never face the court system alone.

We address every question you have, big or small, and respond promptly so you don’t feel left on your own. Clients depend on us to organize deadlines, paperwork, and next steps, especially when Southaven’s court system requires fast action. 

We draw from our knowledge of area judges, prosecutors, and common legal practices to help you make confident choices that reflect your specific needs. With us by your side, you remain respected and included at every stage—from initial call to outcome—never rushed and always fully supported.

• We answer your questions about every stage and clarify what will happen next
• We review your side of the story with respect and privacy
• We discuss possible outcomes so you can make informed choices
• We keep our communication open and honest—no legal jargon or unnecessary delays
• We leverage regional knowledge to address the unique details of your Southaven case

Contact Our DUI Defense Team in Southaven

You do not need to face a DUI charge alone or wonder what the future holds. Reach out to Hayes Law Firm for straightforward guidance and patient support from an experienced DUI lawyer. We focus on your needs from the very first conversation, providing clear, actionable information so you can make informed choices about what comes next. 

Call us at (662) 503-8409 or reach out online—we offer phone consultations day or night and are ready to talk about your options immediately.

Frequently Asked Questions

What penalties can come with a DUI conviction in Mississippi?

Common penalties include fines, license suspension, required classes, and possible jail time. Factors like prior offenses or aggravating details can increase these consequences.

What should I do right after a DUI arrest?

Try to stay calm and ask to contact an attorney as soon as possible. Make note of details about the arrest and avoid discussing your case without legal guidance.

Does a DUI always mean losing my license?

A DUI charge can lead to license suspension, but the outcome depends on your specific case and how the court rules. Options for limited driving privileges may exist.

Will a DUI stay on my record permanently?

Mississippi law outlines how long DUI convictions remain on your record. In some situations, it may be possible to seek relief after a waiting period, but each case is different.

Can I refuse a breath or blood test during a DUI stop?

Refusing a chemical test may bring additional penalties, including license suspension. Mississippi’s implied consent rules require drivers to submit to testing under certain conditions.