Articles Posted in DUI

Mississippi, like every other US state, takes the matter of driving under the influence (DUI) very seriously. A DUI conviction is a serious crime and there are strict laws and penalties in place to deter drivers from getting behind the wheel when they’re intoxicated. From license revocations and heavy fines to jail time, here are the relevant laws and a DUI car accident penalties scale so you know where you might stand.

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Remember: Before we start, you need to know that a DUI conviction is a serious offense, no matter how severe your penalty might be. If you get behind the wheel when you’re intoxicated, you’re risking your life and the lives of the people around you.

When is a Driver Considered to be Legally Drunk in Mississippi?

In Mississippi, there are harsh penalties for driving under the influence (DUI) of alcohol. As well as risking your life and the lives of other people, you may face driver’s license revocations, jail time and fines. Plus, a DUI can create a barrier for your life goals, such as getting a job, a loan or into college. However, it is possible for a DUI to be expunged – depending on a variety of factors.


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What is Expungement?

You get into a car accident. It’s late at night. You get out of your car, weary, shaken, and you discover the driver of the car that hit you is intoxicated. You can smell it on his breath. He’s still in his car with his head down. You try and ask for his insurance details, but he’s not compliant, and he’s mumbling that he doesn’t have car insurance and he just wants to go home. Now you’re thinking, “Help! I was hit by a drunk driver with no insurance. What are my options?” We are here to help and let you know what to do.

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Nearly one third of all traffic-related deaths are a result of drunk driving, and most of those killed are young children.

Call the police and emergency services.

Being in an automobile accident can be absolutely devastating and life-changing enough, but when you’ve been hit by a drunk driver, your shock can turn to anger. When someone drives irresponsibly and purposely unsafely, then it can feel like a personal affront, especially if you’ve been badly injured in what would – seemingly – have been a completely avoidable occurrence. In Mississippi alone, there were 2,560 people killed in car accidents involving drunk drivers between 2003 and 2012, according to the CDC. What do you do when you’ve been hit by a drunk driver, and can you sue them for damages?

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Here at Coxwell & Associates, PLLC. we want to offer professional advice and answer the question, “I was hit by a drunk driver can I sue them?”  

Can I Sue a Drunk Driver for my Accident?

Being charged with a DUI in the U.S. puts you in the category of being charged with the number one criminal offense in the nation. DUI arrests hit drivers who, other than this one-time mistake—lead a safe, crime-free life. Yet a DUI arrest can leave you with your life in a downward spiral from which a recovery can be difficult.

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What Are The Consequences Of A DUI?

St. Patrick’s Day is a fun and festive time for people of all ages. It’s an annual celebration of all things green, and at least for that one day of the year, we can all pretend to be just a little bit Irish. Unfortunately, for far too many American families, St. Patrick’s Day has ended in tragedy. It’s such a problem that one NBC affiliate has labelled it the “deadliest day of the year”.

NT07-50769 St Patrick's Day 2016 Infographic Clovers STATIC V1 Image Courtesy of the National Highway Traffic Safety Administration

On St. Patrick’s Day, between the years of 2009-2013, there were a total of 276 lives lost due to drunk driving. If you slow down and really think about those numbers, that’s an average of more than 55 deaths on a single day of the year due to just one cause (inebriation). That number is unacceptable.


Modern technology and creative innovation have led to the rise of a “sharing economy” in the United States today. There are peer-to-peer vacation rental services (such as AirBnb), peer-to-peer businesses (such as Ebay), and perhaps the most controversial of all: peer-to-peer car services. These dynamics are all relatively new, and very few details have been established as to who holds liability for whatever may go wrong. The very question has the potential to incite an entire series of debates, but for the purposes of this post, we are going to discuss car-sharing specifically.

There’s no denying that this model has caught on like wildfire, especially in larger cities and even more so on weekends and holidays. It makes sense. It’s affordable and incredibly easy to access. However, making the decision to offer your vehicle up as a form of public transportation is seriously risky business. On the other side of the same coin, what happens if you are involved in a car wreck while you are riding as a passenger in one of these vehicles? Who will be held responsible for compensating you for your injuries? These are the questions that ride-sharers have failed to consider, and in just a few short years, we’ve seen an unfathomable number of conflicts arise as a direct result. (This fatal collision in Boston, for example, or this 6-year old child who died after being hit by a negligent Uber driver in San Francisco).

Insurance Concerns for Drivers
Ride-sharing giants like Uber and Lyft carry insurance for their drivers. That is, the insurance becomes effective when the passenger is picked up and deactivates when the passenger is dropped off at his or her destination. Sounds legitimate, doesn’t it?

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Vehicular manslaughter, also sometimes known as “vehicular homicide”, occurs when an auto accident has caused the death of another person, and the driver was negligent in some way. This might mean that the driver was speeding, driving under the influence of drugs or alcohol, or disobeying any other traffic law. Essentially, the driver was reckless while behind the wheel, and another person died as a result.

In Mississippi, reckless driving is defined as “any person who drives any vehicle in such a manner as to indicate either willful or wanton disregard for the safety of persons or property.” This definition applies to all vehicles that would normally be found on a public roadway (for example, cars, trucks, 18-wheelers, etc.).

Driving While Intoxicated | Driving Under the Influence


In Mississippi, if convicted of driving under the influence (DUI), you face penalties from both the court and the Mississippi Department of Public Safety. The legal limit for blood alcohol content (BAC) is 0.08%, and if you are found driving with a BAC of higher concentration, you are almost guaranteed to receive an alcohol-related citation (and some pretty hefty penalties, along with it). Even if your BAC is below the legal limit, you are opening yourself up to significant trouble if you choose to drink and drive. You can view a list of possible penalties at

In any case, if you are a resident of Mississippi, you need to be familiar with what a DUI roadblock is and how to protect your rights if you are stopped at one of these checkpoints.

DUI checkpoints are sometimes also referred to as “sobriety checkpoints” or “DUI roadblocks”. They are only permitted in certain jurisdictions, and the state of Mississippi happens to be one of them. It’s a tactic that is part of the state’s larger drunk driving deterrent strategy wherein officers are stationed at certain locations to check drivers for signs of intoxication and impairment.


A man has been charged with driving under the influence (DUI) for a crash that killed two people earlier this summer. According to WAPT News Channel 16, 31-year-old Joseph White was indicted in July on two counts of aggravated DUI causing injury or death. The May 8, 2015 crash took the lives of 56-year-old William Raney and 52-year-old John Raney. At this time, very few details have been released, but we do know that White surrendered at the Warren County Sheriff’s office on Monday. Also, there was no word on what his blood alcohol content (BAC) level was at the time of the crash. If convicted, he could be facing between five and 25 years in a federal prison facility for each count of DUI causing injury or death.

Driving Under the Influence in Jackson

In the State of Mississippi, it is illegal to drive under the influence of drugs or alcohol. If your BAC is .08 percent or higher, you can be charged with DUI. For drivers under the age of 21, a BAC of .02 percent or higher is illegal. Commercial truck drivers can’t have higher than .04 percent BAC. In addition to having your driver’s license seized, you could also be facing hefty fines and jail time.

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