Last night I went to the WLBT studios and appeared on “Law Call,” a live call-in show hosted by my friends Rocky Wilkins and Tim Porter, and my new friend Tamika Smith.  Every show highlights one call-in topic.  I went to law school with Rocky, and I go to church with Tim, and they asked me to come down and discuss one of my favorite subjects, DUI in Mississippi.

The live calls were intelligent and timely, and we were able to touch on some great topics, including:

• Can you expunge a DUI in Mississippi (if you got it when you were over 21 you can’t)
• The four different types of DUIs in Mississippi
• Collateral Consequences of a Criminal Conviction
• Hardship Licenses
• What to look for in a good DUI attorney, and how much you might be expected to pay

As we discussed, a good DUI attorney will spend 50% of the time on your case actually working on and trying your case.  The other 50% is spent educating you on the process, debunking myths that are out there about DUI, and making certain that you always know what is going on with your case.

I’ve been on TV before (when you come see me ask me about Bob Barker and The Price is Right), but I’m always fascinated with how TV shows are produced, and it is exciting to be in a TV studio.  I had a great time, and I hope we were able to put some good information out there.  I was told the telephone lines were lit up, and some people didn’t get to ask their questions in our limited 30-minute show.  If that is you call me at my office at 601-991-1099, and I’ll be glad to help you.

The Clarion Ledger has an article in today’s paper reporting on the growth of the Mississippi Alcohol Safety Education Program since Hurricane Katrina in 2005.  The article reports that DUI arrests in Mississippi have grown from 22,511 in 2005 to 32,099 in 2009 – a big increase.  Previously, DUI arrests had fallen off, and this was attributed to the focus of Mississippi’s law enforcement being shifted to disaster recovery from Katrina.  But the heat is back on DUI enforcement now.  Arrests are increasing, with a corresponding increase in convictions.

If you are convicted of DUI(1st) in Mississippi, you face the following penalties:

• imprisonment of not more than 48 hours;
• a fine of $250-$1000, plus court costs;
• suspension of your driver’s license for not less than 90 days;
• possible attendance at “victim impact panel” training; and
• mandatory participation in the Mississippi Alcohol Safety Education Program.

I have previously discussed that every criminal conviction carries collateral consequences, and DUI is no exception.  Your insurance rates will certainly be affected, as well as your employment, your education, ability to join the military, etc. 

What is the Mississippi Alcohol Safety Education Program?

According to the program’s website, the mission of the Mississippi Alcohol Safety Education Program is to:

1. To provide education, rehabilitation, and referral information for the first-time DUI offender.
2. To create a DUI control system by integrating the enforcement, judicial, and rehabilitation / education functions.
3. To design and evaluate the effectiveness of various education / rehabilitation modalities.
4. To conduct research in order to design, implement, and test the effectiveness of intervention / prevention strategies.

Upon your conviction for DUI(1st), one of the forms the court will give you is a form directing you to the nearest location of MASEP, and the time to report for your classes.  Classes meet once a week for four weeks, and typically run from two to three hours each.  At the end of the fourth class you will receive a certificate that you can use to get your license back.  You’ll have to pay the fee when you report to your first class – if you haven’t learned already, you will quickly get tired of all the fees involved with a DUI.  My very valuable advice on that is here.

The timing of these classes is important if you want to pursue a hardship license to reduce the period of mandatory suspension.  These classes usually start at the beginning of each month, and we will need the certificate of completion to attach to your hardship petition, so it is important that you begin the classes as soon as possible.  These steps are not rocket science, and I will help you through them if you need me to.

As I have said before, the best way to avoid MASEP classes, fines, hardship licenses, etc. is to not get a DUI.  But the Clarion Ledger article states that the Mississippi Highway Patrol has secured federal funding for more overtime to keep officers on the roads, and they have three new “state-of-the-art” DUI trucks to test and book people accused of DUI.  Increased arrests are inevitable.  The second easiest way to avoid all of it is to beat your DUI.  If you need help with that contact me at clarence@guthriefirm.com or call 601-991-1099.

Your Mississippi driver’s license is in danger of being suspended for any drug conviction.

Mississippi Code Annotated § 63-1-71 states that if you are convicted of, enter a plea of nolo contendere, or adjudicated delinquent (Youth Court) for any offense defined in the state’s Uniform Controlled Substances Law, or the laws of anywhere else for the use, distribution, possession, manufacture, or sale of drugs or other controlled substances, you will forfeit your right to operate a vehicle in the state of Mississippi for a period of six months.  If you don’t have a license, or you are under 15, the six months begins when you get your license, or you turn 15.  If your license is already suspended, the six months is tacked on to the end of your current suspension period.

Which drug crimes and offenses could get my license suspended?

All of them.  Mississippi’s Uniform Controlled Substances Law makes it illegal to sell, barter, transfer, manufacture, distribute, dispense, or possess any controlled substance.  This includes, but is not limited to, marijuana, cocaine, crack cocaine, methamphetamines, precursors, prescription drugs, drug paraphernalia, or anything listed on the drug schedules.  Virtually anything you can think of having to do with drugs puts your license in play.

If my license is suspended as a result of a drug conviction, can I get a hardship license?

Yes.  A lawyer can help you get a hardship license in much the same way that you can get a hardship license after a DUI conviction.

If you get convicted of a DUI (1st Offense) in Mississippi, part of the punishment is that the Mississippi Department of Public Safety is going to suspend your driver’s license for no less than 90 days, or until you complete the Mississippi Alcohol Safety Education Program, whichever is longer.

Unless you refused to take a “chemical” test (breath, blood, or urine), you can apply to get your license back after only 30 days of suspension, on the basis of a “hardship.”  This is a separate action, filed in a separate court, from your DUI.  You have to show the court that the long suspension would “hinder your ability” to:

1. continue your employment;
2. continue your education; or
3. obtain necessary medical care.

Normally this must be shown with affidavits from your boss, your school, or your doctor.  But once you have the required documentation, it is usually not too difficult to get your suspension down to 30 days.  Then you go back to the Department of Public Safety, pay your reinstatement fee, and get your license back.  Taking you through this process is a service I provide with every DUI representation, if you meet the requirements.

On a related note, upon your conviction of a DUI (2nd Offense), your license will be suspended for two years.  The court will order that you undergo a drug and alcohol assessment, and IF it is determined that you need treatment for an abuse problem, and IF you successfully complete the treatment, THEN you can get your license reinstated after only one year. 

If you get convicted of a DUI (3rd Offense), you are going to be doing some time, and guess what?  You will be losing your license for five years.  IF you go through  the assessment, and IF you successfully complete the required treatment, THEN you are eligible for reinstatement after three years.  This relief from the suspensions after subsequent DUI convictions is not called ”hardship” relief per se, but I can help you with these as well.

If we beat your DUI then you won’t need a hardship license.