25 Aug 10 Legal Advice from Mississippi DUI Attorneys Necessary to Protect Driving Rights from Possible Suspension

Immediate legal advice from Mississippi DUI attorneys is highly critical once arrested for suspicion of drunk driving the state. The DUI law in Hinds and its neighboring counties has in effect what is known as the "10 day rule", which puts the driver's license at serious risk of suspension.

Just like in many other tests, drivers who are accused of violating the local DUI laws in Mississippi have the right to refuse chemical tests, such as breath, blood, and urine test. When this is chosen as an option, though, the state automatically tries to suspend one's driving privileges for at least three months to a full year. This attempt may even come before holding any DUI criminal trial.

The only way to defend the driving rights of the accused from the suspension is by filing a test refusal petition. The driver only gets 10 calendar days to submit this petition after the letter of intent to suspend has been sent out. Unfortunately, though, the test refusal petition does not delay the processing of the suspension.

In addition, the license to drive that is given after refusing expires after 45 days following the arrest date. Since this temporary license is also non-renewable, the only way to regain one's driving privileges is to attend the informal hearing, which would determine whether or not the accused is eligible to drive prior to the trial and until the end of the case.

As early as this stage, getting legal representation from one of the experienced Mississippi DUI attorneys is important not only to help in trying to retain the driver's license. The informal hearing also serves as a chance for the driver and the lawyer to evaluate the facts of the alleged violation of the DUI Law in Hinds, as presented by the officer under oath.

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As a defense lawyer for more than 30 years, Atty. Victor Carmody has handled the greatest number of DUI cases among