Welcome to Biloxi DUI Lawyers.
Experienced DUI defense attorneys Curt Crowley and Eric Ray provide this site to give information to people who have been arrested for DUI in Biloxi and surrounding areas.
If you have been charged with DUI in Biloxi, you are facing jail time, fines, license suspension, and a permanent criminal record, even though this may be your first offense. We have provided information about these consequences. More importantly, we have provided information about how to avoid these penalties.
The DUI attorneys at Crowley & Ray are experienced, aggressive and unrelenting. If you have been charged with DUI in Biloxi, please contact us using the contact form to the right of this page, or feel free to call us at 228.265.4396.
Monday, November 15, 2010
Friday, November 12, 2010
Biloxi DUI Lawyers Offer Free Case Evaluation
The Biloxi DUI lawyers at Crowley & Ray provide free case evaluations, or initial consultations, to persons arrested for driving under the influence.
Our DUI attorneys have always believed that a person charged with DUI should be able to consult with a lawyer, without having to pay for the first consultation. After all, hiring a DUI lawyer is an important decision. Before paying any amount of money, it is important to sit down and talk to a lawyer in order to get his evaluation of the facts of your case. It is likewise important that you feel comfortable with the lawyer, and confident that he will fight to protect you from a DUI conviction.
Our Biloxi DUI lawyers provide free case evaluations. It costs nothing to discuss your case with us. If you have been charged with DUI in Biloxi, please contact us.
Our DUI attorneys have always believed that a person charged with DUI should be able to consult with a lawyer, without having to pay for the first consultation. After all, hiring a DUI lawyer is an important decision. Before paying any amount of money, it is important to sit down and talk to a lawyer in order to get his evaluation of the facts of your case. It is likewise important that you feel comfortable with the lawyer, and confident that he will fight to protect you from a DUI conviction.
Our Biloxi DUI lawyers provide free case evaluations. It costs nothing to discuss your case with us. If you have been charged with DUI in Biloxi, please contact us.
Thursday, November 11, 2010
Consequences of a Biloxi DUI Conviction
The consequences of a DUI conviction are serious.
For DUI First Offense, a driver is facing a fine of $1,000.00, forty-eight hours in jail, and a license suspension of 90 days.
DUI second offense (committed within 5 years of the first offense), has a fine of $1,500.00, a minimum of 5 days to a maximum of 1 year in the county jail, a minimum of 10 days to a maximum of 1 year of community service, driver's license suspension of 2 years, vehicle forfeiture and/or ignition interlock.
DUI third or subsequent offense is a felony. Felony DUI has a minimum sentence of 1 year, to a maximum sentence of 5 years in prison. Felony DUI also carries a $5,000.00 fine and a license suspension of 5 years.
These consequences are severe. If you've been charged with DUI in Biloxi, you need experienced DUI defense attorneys to protect you from these tough penalties. Please contact us today for a free consultation.
For DUI First Offense, a driver is facing a fine of $1,000.00, forty-eight hours in jail, and a license suspension of 90 days.
DUI second offense (committed within 5 years of the first offense), has a fine of $1,500.00, a minimum of 5 days to a maximum of 1 year in the county jail, a minimum of 10 days to a maximum of 1 year of community service, driver's license suspension of 2 years, vehicle forfeiture and/or ignition interlock.
DUI third or subsequent offense is a felony. Felony DUI has a minimum sentence of 1 year, to a maximum sentence of 5 years in prison. Felony DUI also carries a $5,000.00 fine and a license suspension of 5 years.
These consequences are severe. If you've been charged with DUI in Biloxi, you need experienced DUI defense attorneys to protect you from these tough penalties. Please contact us today for a free consultation.
Wednesday, November 10, 2010
Defenses to DUI in Biloxi
Many people believe that there are no defenses to DUI, and that they should just plead guilty. This could not be further from the truth.
DUI cases are complex. This complexity gives drivers arrested for DUI many defenses. Even drivers who were actually impaired--or who "blew" .08 or more--may have defenses to a DUI charge. Some of these defenses include:
Was there Probable Cause?: The police officer who arrested you for DUI must have had probable cause to pull you over. This means that you had to have committed some traffic violation. Police officers are not allowed to stop you just to check your license or to check to see if you have been drinking.
Assuming there was probable cause to stop your vehicle, the officer must also have probable cause to continue detaining you after the stop. There must also be probable cause to even offer you a breath test.
If there was no probable cause at any stage, then all charges, including the DUI, must be dismissed.
Can the police prove you were driving?: Where the police arrest you for DUI after an accident or where your vehicle is already parked when they approach you, the officer must be able to prove that you actually operated the vehicle. Guesswork or speculation is not enough. There must be actual proof that you drove the vehicle.
Were the field sobriety tests done properly?: Officers use field sobriety tests to prove a driver is under the influence. These tests are valid only if the officer administers the tests properly. In our experience, very few officers do these tests correctly. If the tests were performed incorrectly, then the results should be excluded from evidence.
Was the Intoxilyzer test done properly?: Mississippi law has strict rules that officers must follow when having a driver blow into an Intoxilyzer or "breathalyzer" machine.
The officer must give several warnings before offering the test. He must also comply with a mandatory waiting and observation period. The offier must also be able to prove that the machine was properly calibrated and maintained.
If any of these requirements are missing, the test results should be excluded (thrown out).
These are only a few, very basic defenses to DUI. There are many more defenses to driving under the influence. In fact, there are so many potential defenses that it would be impossible to list them all here.
Don't think you have to plead guilty. For a free consultation about your DUI arrest, please contact our Biloxi DUI lawyers.
DUI cases are complex. This complexity gives drivers arrested for DUI many defenses. Even drivers who were actually impaired--or who "blew" .08 or more--may have defenses to a DUI charge. Some of these defenses include:
Was there Probable Cause?: The police officer who arrested you for DUI must have had probable cause to pull you over. This means that you had to have committed some traffic violation. Police officers are not allowed to stop you just to check your license or to check to see if you have been drinking.
Assuming there was probable cause to stop your vehicle, the officer must also have probable cause to continue detaining you after the stop. There must also be probable cause to even offer you a breath test.
If there was no probable cause at any stage, then all charges, including the DUI, must be dismissed.
Can the police prove you were driving?: Where the police arrest you for DUI after an accident or where your vehicle is already parked when they approach you, the officer must be able to prove that you actually operated the vehicle. Guesswork or speculation is not enough. There must be actual proof that you drove the vehicle.
Were the field sobriety tests done properly?: Officers use field sobriety tests to prove a driver is under the influence. These tests are valid only if the officer administers the tests properly. In our experience, very few officers do these tests correctly. If the tests were performed incorrectly, then the results should be excluded from evidence.
Was the Intoxilyzer test done properly?: Mississippi law has strict rules that officers must follow when having a driver blow into an Intoxilyzer or "breathalyzer" machine.
The officer must give several warnings before offering the test. He must also comply with a mandatory waiting and observation period. The offier must also be able to prove that the machine was properly calibrated and maintained.
If any of these requirements are missing, the test results should be excluded (thrown out).
These are only a few, very basic defenses to DUI. There are many more defenses to driving under the influence. In fact, there are so many potential defenses that it would be impossible to list them all here.
Don't think you have to plead guilty. For a free consultation about your DUI arrest, please contact our Biloxi DUI lawyers.
Tuesday, November 9, 2010
Refusing the Test in Biloxi DUI Cases
Refusing the breath test makes it easier for you to win a DUI case. However, refusing the test may cause your driver's license to be suspended for 90 days. This suspension will take place before you go to Court on the DUI charge.
To keep your license from being suspended for refusing the test, you must file a petition in circuit or county court within a very short period of time after your arrest for DUI. This is a different court and proceeding from the court where your DUI case is being handled. The courts will not assist you in filing this petition.
There are several things the State must prove in order to suspend your driver's license for refusing the test. The State must prove that the officer had probable cause to pull you over, and probable cause to offer you the test. The State must also prove that you were given the mandatory warnings, as well as other procedural requirements.
Failure of the State to prove any of these things will result in your license being immediately reinstated.
You have a very short period of time to file your petition in Court. Failure to file your petition by the deadline will cause you to lose your right to contest the suspension.
The Biloxi DUI lawyers at Crowley & Ray handle breath test refusal hearings. If you have been accused of refusing the breath test, please contact us as soon as possible to protect your rights.
To keep your license from being suspended for refusing the test, you must file a petition in circuit or county court within a very short period of time after your arrest for DUI. This is a different court and proceeding from the court where your DUI case is being handled. The courts will not assist you in filing this petition.
There are several things the State must prove in order to suspend your driver's license for refusing the test. The State must prove that the officer had probable cause to pull you over, and probable cause to offer you the test. The State must also prove that you were given the mandatory warnings, as well as other procedural requirements.
Failure of the State to prove any of these things will result in your license being immediately reinstated.
You have a very short period of time to file your petition in Court. Failure to file your petition by the deadline will cause you to lose your right to contest the suspension.
The Biloxi DUI lawyers at Crowley & Ray handle breath test refusal hearings. If you have been accused of refusing the breath test, please contact us as soon as possible to protect your rights.
Monday, November 8, 2010
Biloxi DUI Courts
Persons arrested for DUI in Biloxi are frequently confused about which Court will handle their DUI case.
This confusion is understandable, given that there are many law enforcement agencies in Biloxi that make DUI arrests. Many of these agencies prosecute DUI arrests in different Courts. The different agencies and Courts sometimes make it difficult to figure out what Court will handle the DUI case.
Arrested for DUI by the Biloxi Police Department
If you were arrested for DUI by the Biloxi Police Department, your case will be handled by the Municipal Court of the City of Biloxi.
Arrested for DUI by the Harrison County Sheriff's Department
If you were arrested for DUI by the Harrison County Sheriff's Department, your DUI case will be in the Justice Court of Harrison County.
Arrested for DUI by the Mississippi Highway Patrol
If a Mississippi Highway Patrol Trooper arrested you for DUI, the case will be handled by the Harrison County Justice Court.
As you can see, the Court that handles your DUI case will depend on which agency arrested you, and not the place where you were arrested. For example, if a Harrison County Deputy Sheriff arrests you for DUI in the city limits of Biloxi, the case will still be handled in the Harrison County Justice Court. Only DUI arrests by the Biloxi Police Department are handled in Biloxi Municipal Court.
Regardless of who arrested you for DUI in the Biloxi area, you should never go to Court without an experienced DUI lawyer--not even for an initial appearance.
This confusion is understandable, given that there are many law enforcement agencies in Biloxi that make DUI arrests. Many of these agencies prosecute DUI arrests in different Courts. The different agencies and Courts sometimes make it difficult to figure out what Court will handle the DUI case.
Arrested for DUI by the Biloxi Police Department
If you were arrested for DUI by the Biloxi Police Department, your case will be handled by the Municipal Court of the City of Biloxi.
Arrested for DUI by the Harrison County Sheriff's Department
If you were arrested for DUI by the Harrison County Sheriff's Department, your DUI case will be in the Justice Court of Harrison County.
Arrested for DUI by the Mississippi Highway Patrol
If a Mississippi Highway Patrol Trooper arrested you for DUI, the case will be handled by the Harrison County Justice Court.
As you can see, the Court that handles your DUI case will depend on which agency arrested you, and not the place where you were arrested. For example, if a Harrison County Deputy Sheriff arrests you for DUI in the city limits of Biloxi, the case will still be handled in the Harrison County Justice Court. Only DUI arrests by the Biloxi Police Department are handled in Biloxi Municipal Court.
Regardless of who arrested you for DUI in the Biloxi area, you should never go to Court without an experienced DUI lawyer--not even for an initial appearance.
Sunday, November 7, 2010
Biloxi DUI Attorneys On Driving Under the Influence of Alcohol
There are two (2) ways for the State to charge a driver with driving under the influence of alcohol.
The first method for the State to charge driving under the influence of alcohol is to claim that the driver operated a vehicle while having a blood alcohol concentration of .08% or more.
The second method is to charge that the driver was driving "under the influence" of alcohol, without reference to any specific blood alcohol concentration. This charge typically requires evidence of impairment, and is more difficult for the State to prove. Police officers usually use this method for charging DUI where test results are unavailable because the driver refused the test.
The first method for the State to charge driving under the influence of alcohol is to claim that the driver operated a vehicle while having a blood alcohol concentration of .08% or more.
The second method is to charge that the driver was driving "under the influence" of alcohol, without reference to any specific blood alcohol concentration. This charge typically requires evidence of impairment, and is more difficult for the State to prove. Police officers usually use this method for charging DUI where test results are unavailable because the driver refused the test.
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