DUI first offense

First, always talk to an attorney about defenses to accusations of drunk driving. That is all they are – accusations. You may have a great legal defense, which will take you hiring an attorney who can work on your case. The case may require a trial, and even an appeal. There is another option: nonadjudication.

When I say “nonadjudication,” I am referring to the court’s discretion of imposing certain conditions for the charge or charges to be dropped in lieu of being convicted of the charges. The accused must waive their constitutional rights and plea “guilty.” Courts have discretion to nonadjudicate, usually suggested by the prosecution after negotiation with the criminal defense attorney. The Mississippi legislature updated DUI nonadjudication law in 2014. The law is now quite specific about qualifying for nonadjudication and the conditions it imposes.

Mississippi Code Annotated Section 63-11-30(14) spells out eligibility. The person must complete all terms of the nonadjudication. The nonadjudication will not apply to commercial drivers. No prior convictions or pending subsequent charges. Must provide justification for why nonadjudication is appropriate. Along with mandatory costs, fines, and courses, the court suspends your license for 120 days. There is an alternative: interlock ignition devices.

One of the conditions the court can impose is an interlock ignition device. This is in the alternative to a 120 day license suspension. An interlock ignition device allows you to keep your license, but you must blow under the legal limit for the vehicle to start.

For more information about DUI and DUI-Other (intoxication under the influence of controlled substances), check out this blog article.

If you need legal assistance, call us at 601-607-3156.

Panter Law Firm, PLLC, 7736 Old Canton Road, Suite B, Madison, MS 39110.

www.craigpanterlaw.com

Craig Painter

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