Legal Question in DUI Law in Mississippi

Questions about roadblocks and DUI's

My husband was arrested for a DUI at a roadblock.The officer had let 1 woman go that registered on the BAC,and some men that had a cooler of beer with them.He made them pour all of it out & let them go.He did not give any of them a BAC.At the station, he had my husband perform field tests & he passed them all. The officer even told him that he did not appear to be impaired but he was going by the BAC given at the roadblock & station. My husband had approx. 4 12oz. glasses of table wine over 10 hours before the roadblock. Would that still be in his system?

Questions;

1.Does the officer have to have probable cause in order to give any field test including the BAC?

2.Can we ask for a copy of the officers report?

3.Was it discrimination when the officer let the other people go?

4.What is admissable in court?

5.If a person passes the field tests & not the BAC, can the officer still arrest him? Even if the officer does not believe the person is impaired & made the statement that he was only going by the BAC?

6.Should we try to fight this charge? If so, What can we do to fight the charge?


Asked on 10/13/03, 3:37 am

1 Answer from Attorneys
Jeffrey Padgett Padgett Law Firm, pllc

Re: Questions about roadblocks and DUI's

These are some very good questions that generally occur with each dui. First, because MS has an "implied consent" law, a police officer doesn't have to have PC to request a test. He only needs PC to stop. This was a roadblock so no PC required. What they did to other people will help your case, but isn't enough by itself to get the ticket thrown out.

Always fight the DUI even if it's a first. What happens if you find yourself in this situation again, and you've already plead guilty to a prior charge? You'll be facing a second with mandatory jail. The easiest way (other than not drinking) to beat a 2nd is not to get the 1st.

If the cop said your husband didn't seem impaired, that's a good thing. Definately, check with a lawyer in the area before you make the final decision. Also, don't think in terms of "the fine is less than the lawyer charges". This may be true, but you forgot to factor in the raise in insurance premiums which could, depending on the specific circumstances and for the next five years, be a lot more than the lawyer.

Let me know if I can be of additional services.

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Answered on 10/13/03, 6:06 am


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