Representing People Facing Criminal Charges
Sometimes mistakes happen. Sometimes people are wrongly accused of things they did not do. When you have been accused of drinking and driving, the attorneys at Farese, Farese, & Farese understand the challenges you may be facing. We know that a drunk driving arrest — or even allegations of involvement in a hit and run — do not mean that you are a bad person.
Our experienced attorneys offer strong and effective defenses for people throughout west Tennessee and north Mississippi. We handle many different types of cases. These include serious drunk driving accident cases leading to allegations of vehicular homicide.
Since 1939, our Ashland, Mississippi, law firm has developed the trial skills necessary to successfully defend persons accused DUI and other criminal allegations. Regardless of the complexity of the challenges you face, we can help. We are well prepared to help you achieve the best possible results based on the facts of your case.
For more information about criminal law, please see our Criminal Law Information page or call us toll free at 888-341-0243.
DUI And Vehicular Homicide FAQs
Farese, Farese, & Farese, P.A., attorneys have been defending the rights of drivers since 1939. Our attorneys have extensive experience in DUI laws and are here to help educate drivers on their rights. Here are some questions we have answered:
Can I refuse a field sobriety test or breathalyzer when asked by the police in Mississippi?
Drivers may be asked to take a field sobriety test or breathalyzer to prove that they are sober. A driver can refuse to take a field sobriety test without penalty. However, refusing a breathalyzer test after arrest can lead to a license suspension for 90 days. This suspension may still be required even if a driver is not charged with a DUI. In addition, refusal may be interpreted as “consciousness of guilt,” since someone who is sober would have no reason to refuse.
What are the potential penalties for a DUI conviction in Mississippi?
Mississippi has harsh DUI punishments. A first and second DUI is considered a misdemeanor. A third and any subsequent DUI charges are considered felonies. The charges for a DUI include:
- First offense: $250 to $1,000 in fines, 48 hours in jail, license suspension for 120 days and possible completion of the Mississippi Alcohol Safety Education Program
- Second offense (within five years of the first offence): $600 to $1,500 in fines, five days to six months behind bars, one-year license suspension, completion of a substance abuse diagnostic assessment and treatment program and possibly 10 days to six months of community service
- Third offense: $2,000 to $5,000 in fines, one to five years in jail and possible completion of a substance abuse diagnostic assessment and treatment program
Drivers can negotiate their punishments with a strong legal defense. Legal representation can help minimize or dismiss DUI charges.
Is jail mandatory if I’m convicted of a DUI?
No. A driver may be entitled to attend a victim impact panel for a first DUI. However, the driver may still be expected to pay fines. Drivers may go to jail for subsequent DUI charges.
How does the law define vehicular homicide in Mississippi?
Unlike other states, Mississippi does not have dedicated vehicular manslaughter laws. A death caused by a driver who was under the influence may be charged with manslaughter or an aggravated DUI.
What are the penalties for a vehicular homicide conviction in Mississippi?
If convicted of causing a death while inebriated, a driver may face a felony charge. The driver may face five to 25 years behind bars. The complexity of the case may also define whether a driver will face fines, license suspension, community service and probation. Attorney representation can help drivers mitigate or dismiss criminal charges.
Speaking Honestly With You About Your DUI Defense
At Farese, Farese, & Farese, we take seriously our professional obligation to speak candidly with you about your case. We do not take cases unless we can help clients, and we are honest about the results we can achieve.
When we take your DUI defense case, we will take time to talk with you about the potential consequences you may face. We will talk about the circumstances of your arrest, the facts in your favor and those that may affect you negatively. Together, we will work with you to develop a DUI defense strategy designed to get you the best possible results based on the facts of your case.
You only have a limited amount of time to save your license after a DUI arrest. At Farese, Farese, & Farese, we also handle administrative license suspension hearings — helping people save their driver’s licenses. You must act quickly to protect your rights.
To schedule a free and confidential consultation with a lawyer at Farese, Farese, & Farese, call us <!—662-736-1292 or —>toll free at 888-341-0243. You may also complete our online contact form.