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The Mistakes That Can Wreck Your DUI Case Before It Starts

Serving Families Throughout Jackson
The Mistakes That Can Wreck a DUI Case Before It Starts
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1. Talking Too Much After the Stop

If you’ve been pulled over for DUI in Mississippi, you may think you can talk your way out of trouble or smooth things over by cooperating with police. That instinct to overshare often feels right in the moment. It's completely natural. But it’s also the reason so many DUI cases start off on the wrong foot. 

It’s natural to want to explain yourself. But remember that in most cases now, every word you say is being recorded by dash cam or body cam and can be used against you later. When they ask how many drinks you've had, remember that the judge is going to hear it. The judge is also going to hear your answer if they ask you to rate how drunk or high you are on a scale of 1-10. 

Also remember that the recording doesn't stop once you're under arrest. You will likely be on tape all the way through being led to the cell at the jail.

2. Waiting Too Long to Call a Lawyer

Many people wait to “see how bad it is” before calling a lawyer. That hesitation can cost you your drivers license. If you refused to give a breath sample, Mississippi law gives you just 10 days from the date a specific letter (the "10-day letter") is mailed to you to request a hearing to challenge your driver’s license suspension. And if you gave a breath sample that was over .08, you have just 30 days to request an extension of driving privileges. Miss either of those deadlines, and you could lose your driving privileges before your case even reaches court. Getting legal help early can protect your license and start building your defense right away.

3. Assuming the Evidence Can’t Be Challenged

Police and prosecutors often act like DUI evidence is ironclad. It isn’t. Breath tests, field sobriety tests, and even dash cam footage can be flawed, misinterpreted, or taken out of context. Experienced defense lawyers know what to look for, whether it’s an improperly administered test, a bad stop, or an officer who skipped steps. Never assume the state’s case is airtight.

4. Ignoring the Emotional Side of a DUI Arrest

A DUI arrest can be overwhelming. People often act impulsively because they’re embarrassed or angry. They'll post online about it, vent to friends, or minimize the situation. But remember, every public statement matters. Staying calm and discreet gives your lawyer room to work and protects your reputation. Always bear this in mind about most every legal situation: this is temporary. With the right approach, it can be managed.

5. Believing You Have to Plead Guilty

Mississippi DUI law is complex, and every case is different. Pleading guilty right away may feel like the fastest way to move on, but it can lock you into penalties and long-term consequences that might have been avoidable. A lawyer can evaluate your specific facts, explore defenses, and in many cases, reduce or even eliminate charges.

The early mistakes in a DUI case aren’t usually about bad intentions; they’re about fear and confusion. The key is to slow down, get professional advice, and avoid making things harder before you’ve had a chance to fight back.

At Eichelberger Law Firm, we’ve helped clients protect their licenses, their records, and their futures. Call us at 601-202-9981 to schedule a confidential consultation.

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