Drunk Driving Accidents

Getting injured or losing a loved one in a drunk driving accident can be devastating. Aside from the physical pain and suffering, the fact that the accident could have easily been avoided – had it not been for the negligence and callous attitude of the drunk driver – can take a heavy toll on you emotionally.

As the victim of a drunk driving accident, you have the right to take legal action against the party at fault – either by filing a claim with their insurance provider or by filing a lawsuit against them.

The personal injury attorneys at Reeves & Mestayer have represented countless victims of drunk driving accidents in Mississippi, Alabama, and Louisiana over the years. We can represent you, provide you with the support and guidance you need, and recover damages from the parties at fault for the financial and non-financial damages you incurred as a result of the accident.

Since our inception, we have recovered more than $1 billion in damages for our clients, including several multi-million dollar verdicts and settlements.

The Menace of Drunk Driving

Data from the National Highway Traffic Safety Administration (NHTSA) shows that impaired driving is responsible for the deaths of at least 30 people every day. Every year, more than 10,000 people are killed in impaired driving accidents across the country. In Mississippi, nearly 35% of all traffic deaths are caused by impaired driving.

Alcohol is proven to have a detrimental effect on a person’s reflexes, reaction time, muscle coordination, visual function, self-control, reasoning, and sense of judgment. So, a drunk driver might not be able to control their vehicle, maintain proper lane position, or take evasive action if and when needed, all of which can increase the risk of a collision significantly.

The Consequences of a Drunk Driving Accident

The consequences of an impaired driving accident can be two-fold.

Firstly, you will have to deal with the expenses associated with your injuries. It can include surgery, physical therapy, occupational therapy, psychotherapy, and ongoing care, depending on the extent of the injuries you suffered.

The cost of medical care, as you know, is exorbitant in the United States. Even if you have the most comprehensive health insurance plan, you might still have to spend your own money for out-of-pocket expenses, which can drain your bank account in no time.

Secondly, you might not be able to work for a period of time – which can range from a few weeks to a few years, depending on the type of injuries you suffered. It can result in substantial financial losses for you, especially if you happen to be in the prime of your career.

More importantly, if you develop a physical disability or a mental disorder as a result of your injuries, your earning capacity might be severely restricted, which in turn can have an adverse impact on your quality of life.

If you, on the other hand, suffer a catastrophic injury, you might not be able work ever again in your life. A serious injury to your spine or brain, for instance, can leave you paralyzed or result in a severe disability, which can affect your mobility and render you incapable of performing activities of daily living like toileting, bathing, grooming, and eating.

In such cases, you will not only have to spend a fortune on medical treatment and rehabilitation, but also have to deal with the loss of income resulting from your inability to be gainfully employed ever again.

This is why it’s paramount for you to hold the drunk driver – and other parties who might have been at fault – accountable for their actions. First, it can give you a sense of closure. Secondly, and more importantly, the damages you recover can help you pay for your treatment and ongoing care and put your life back together.

The trial attorneys at Reeves & Mestayer have several years of experience in handling DUI personal injury cases in Mississippi. We have highly skilled litigators who can investigate the circumstances under which the accident occurred, identity the parties at fault, and recover sufficient compensatory damages through settlement or trial.

Proving Negligence in Impaired Driving Cases

In order to win a DUI personal injury case, you need to establish the following elements:

• The party at fault had a duty to drive responsibly.
• The party at fault failed in their duty by drinking and driving.
• The party at fault’s breach of duty directly contributed to the accident.
• You incurred damages as a result of the accident.

In a DUI personal injury case, the compensation you are entitled to receive is generally calculated based on the extent of the damages you incurred as a result of the accident. So, you need to provide the following information and documents to make sure that you are adequately compensated:

• Current as well as future medical expenses
• The costs associated with rehabilitation, therapy, and ongoing care
• The costs associated with buying mobility assistance devices
• The costs associated with modifying your residence, in case you are disabled as a result of your injuries
• Lost wages
• Reduction in earning capacity

In addition to this, you can also seek damages for your pain and suffering, emotional distress, and loss of consortium, depending on the extent of your injuries and their long-term consequences.

Drunk Driving Attorneys in Mississippi

If you are injured by an impaired driver, it’s crucial to contact an experienced DUI personal injury lawyer right away. Do not try to negotiate on your own with the at-fault driver’s insurance company, even if you think it is an open-and-shut case.

Insurance companies have their own way of confusing, coercing, and bullying victims of DUI accidents without making it seem obvious. As a result, you might end up accepting a low settlement offer without even realizing it.

The DUI personal injury lawyers at Reeves & Mestayer can fight aggressively for your rights, establish the negligence of the impaired driver, and make sure you receive the compensatory damages that you deserve.

Contact our DUI personal injury lawyers at 228-374-5151 today for a free consultation.

Frequently Asked Questions About DUI Cases in Mississippi

What is the legal blood alcohol concentration limit for drivers in Mississippi?

In Mississippi, the legal blood alcohol concentration limit is 0.08 percent for drivers aged twenty-one and older under Miss. Code Ann. Section 63-11-30. For drivers under twenty-one, the state enforces a zero tolerance policy, setting the limit at 0.02 percent. Commercial drivers face a stricter standard with a limit of 0.04 percent. Exceeding these thresholds results in an arrest.

What are the penalties for a first-time DUI offense in Mississippi?

A first-time driving under the influence conviction carries severe consequences pursuant to Miss. Code Ann. Section 63-11-30. Penalties typically include fines ranging from two hundred fifty to one thousand dollars, up to forty-eight hours in jail, and a mandatory ninety-day driver’s license suspension. Courts may also require attendance at a victim impact panel and the installation of an ignition interlock device.

Can I refuse to take a chemical breath test in Mississippi?

Mississippi operates under implied consent laws detailed in Miss. Code Ann. Section 63-11-5, meaning driving implies consent to chemical testing if suspected of impairment. Refusing a breath, blood, or urine test results in an automatic administrative license suspension of ninety days under Miss. Code Ann. Section 63-11-23. Furthermore, this refusal is admissible as evidence in a criminal court proceeding under Miss. Code Ann. Section 63-11-41

What is an ignition interlock device and is it mandatory?

An ignition interlock device is a breathalyzer installed in your vehicle that prevents the engine from starting if alcohol is detected. State legislation under Miss. Code Ann. Section 63-11-31 makes these devices mandatory for almost all DUI convictions, including first offenses, allowing drivers to maintain driving privileges during their suspension period by using this certified monitoring equipment.

How long does a DUI stay on my criminal record in Mississippi?

A conviction for driving under the influence remains on your Mississippi criminal record permanently. Unlike some other states, Mississippi law under Miss. Code Ann. Section 63-11-30 generally does not allow standard DUI convictions to be expunged, though limited non-adjudication options exist. This permanent record can significantly impact future employment opportunities, professional licensing, insurance rates, and potential penalties for any future criminal offenses.

What is an Administrative License Suspension hearing?

Following a DUI arrest, the Department of Public Safety initiates an administrative suspension of your driver’s license separate from criminal court under Miss. Code Ann. Section 63-11-23. You have a limited window of ten days from the date of the arrest to request an administrative hearing to challenge this suspension. Having legal representation during this crucial proceeding is highly recommended.

Are there aggravated DUI charges in Mississippi?

Yes, prosecutors can elevate charges to aggravated DUI under Miss. Code Ann. Section 63-11-30 if the impaired driving results in serious bodily injury or death of another person. This upgraded charge is classified as a felony and carries dramatically harsher prison sentences, sometimes ranging up to twenty-five years, along with substantially heavier financial penalties and long-term driver’s license revocation.

How does Mississippi handle out-of-state drivers arrested for DUI?

If an out-of-state driver receives a DUI in Mississippi, the state handles the criminal prosecution locally and reports the infraction to the home state through the Driver License Compact under Miss. Code Ann. Section 63-1-1 et seq. Your home state will typically apply its own administrative penalties, including license suspension, as if the offense occurred locally.

Can I get a hardship license after a DUI suspension?

Mississippi law under Miss. Code Ann. Section 63-11-30 restricts traditional hardship licenses following a DUI conviction. Instead, the state relies heavily on the ignition interlock device program. By installing a certified interlock device in your vehicle, eligible offenders can secure a special restricted license that allows them to commute to work, school, and necessary medical appointments.

What defenses are commonly used in Mississippi DUI cases?

Defense attorneys often challenge DUI charges under Miss. Code Ann. Section 63-11-30 by questioning the legality of the initial traffic stop, the accuracy of field sobriety tests, and the proper calibration of breathalyzer equipment. Law enforcement officers must follow strict protocols during arrests and testing. Any procedural errors or rights violations can lead to suppressed evidence or full dismissal of charges.

Should I hire a private attorney or use a public defender?

While public defenders provide dedicated legal representation for individuals who qualify financially under state guidelines, private attorneys specializing in DUI defense often have dedicated resources, specialized forensic training, and more time to investigate specific case details. Investing in specialized legal counsel can make a substantial difference in navigating complex courtroom procedures and securing favorable plea arrangements.

What steps should I take immediately following a DUI arrest?

First, remain calm and exercise your constitutional right to remain silent until you speak with legal counsel. Write down every detail you remember about the traffic stop, officer interactions, and testing procedures while memories remain fresh. Promptly contact an experienced Mississippi DUI defense attorney to protect your rights and meet critical administrative deadlines.