Criminal Defense

Under Miss. Code Ann. § 63-11-30(2)(a), a first-offense DUI carries a fine of $250 to $1,000, imprisonment of up to 48 hours (or a victim-impact panel in some cases), and completion of the Mississippi Alcohol Safety Education Program (MASEP) within six months of sentencing. Your license is also affected under the implied-consent statute. A third offense within five years is a felony, and a fourth or subsequent offense is a felony regardless of timing. Do not plead guilty at arraignment without consulting a lawyer first.

Mississippi's implied-consent law (Miss. Code Ann. § 63-11-23) means that by driving on Mississippi roads, you are deemed to have consented to chemical testing. If you refuse the test, the Department of Public Safety may suspend your license for 90 days (no prior DUI) or one year (with a prior). If you take the test and fail (BAC of .08 or higher, or .02 for someone under 21), the officer seizes your license and issues a 30-day temporary permit. Field sobriety tests (walk-and-turn, one-leg stand, HGN) are not legally compelled, and refusing them is not a separate offense. The decision is fact-specific, so call a lawyer as soon as possible after a DUI arrest.

Under Miss. Code Ann. § 63-11-30(13), a first-offense DUI may be eligible for expungement five years after you complete your sentence, provided you did not refuse the chemical test and, if test results are available, your BAC was below .16. Third and fourth offenses are not eligible. Expungement is filed in the court where the case was resolved. Whether you qualify depends on the specifics of your charge and record, so call to discuss your situation.

Stay calm. Follow all physical instructions from the officers. Invoke your right to remain silent and ask for a lawyer, then stop talking. Do not discuss the facts of your case with anyone, including on recorded jail phone lines. You may decline to consent to searches. If police have a warrant or independent legal basis, they will proceed regardless, but your objection preserves your rights. Do not resist, flee, or give statements. Exercising your rights early is almost always better than trying to undo damage later.

Yes, under certain conditions. A first misdemeanor conviction (not a traffic violation) may be expunged under Miss. Code Ann. § 99-19-71(1). One qualifying felony may be expunged five years after completing all sentence terms, as long as it is not excluded (crimes of violence, first-degree arson, drug trafficking, third or subsequent DUI, felon in possession of a firearm, and others listed in the statute). Cases that were dismissed, dropped, or resulted in acquittal may also be expunged. Eligibility is the hard part, so it is important to identify the correct statute for your situation.

Yes. Bud Sheppard represents clients in felony cases in Mississippi Circuit Court, including drug charges, theft and property crimes, assault and violent offenses, probation violations, and DUI felonies. If you are facing criminal charges, call 601-688-4110 as early as possible, because the decisions made early in a case often affect the outcome.