Rising BAC In Mississippi it is against the law to have a blood-alcohol concentration (BAC) over .08 when you are driving.  WHEN you are DRIVING.  Not WHEN you are TESTED.  It can often take more than an hour after you are stopped before you are tested.  It almost goes without saying that your BAC will be different when you [...]

Public vs. Private Property A common rumor about DUI is that you can’t get a DUI for driving on private property, as in: “The police can’t stop me from cutting doughnuts in my pasture while I’m wasted because it’s my land.”  Here is where the confusion comes in, and where the rumor probably started: Section 63-11-30 of [...]

“Strong Odor of Alcohol on the Suspect’s Breath” It has been a long, long, long time since I have seen a report from a DUI arresting officer that didn’t say that the officer smelled a ”strong odor of alcohol on the suspect’s breath.”  But alcohol (ethanol) has no odor.   It is the mixing agent, or the flavoring, [...]

Statute of Limitations You may be familiar with the term “statute of limitations.”  The statute of limitations sets forth the period of time, after certain events occur, that legal proceedings based on those events must be started.  If someone hits you with their car, you have a certain amount of time to either work it out with [...]

Got Stomach Problems? The Intoxilyzer 8000 ( the standard breathalyzer machine in Mississippi) operates under the assumption that it is measuring air from the deepest portions of your lungs.  The mathematical algorithm the machine uses to extrapolate your blood-alcohol content (BAC) is based on this assumption. If you have heartburn, acid reflux, or gastroesophageal reflux disease (GERD), small amounts of alcohol [...]

Don’t drink and drive. I said it.  I mean it.  I support it.  The best way to win your DUI case is not to have one. But I’m not a preacher, I’m a lawyer, so enough said on that. That said – go to Part Two of How To Beat A DUI in Mississippi. If [...]