Mississippi DUI Court Process

Upon arrest for DUI in the state of Mississippi, there will be two cases filed against you. One is a criminal case through the State criminal court system, and the other is an administrative civil case through the Department of Public Safety. The information below explains the criminal court process. For more information on the civil administrative process, see the article on Mississippi driving and suspensions.

The Stages Of Mississippi DUI Litigation

ARRAIGNMENT - The first court appearance following a Mississippi DUI arrest is called an arraignment. At this hearing, you and/or your attorney will go before the judge who will formally read the charges that have been filed against you. You will be asked to enter a plea. If you enter a plea of guilty, you will waive your right to a trial and a sentence will be imposed. If you enter a plea of not guilty, the case will be set for trial.

PRETRIAL HEARINGS - Following the arraignment, you and/or your attorney will make another court appearance before the judge to update him/her on the status of your case. Issues with discovery and scheduling will be dealt with. If evidence is missing or a scheduling conflict exists, the judge will resolve the issues prior to the trial date.

PRETRIAL MOTION HEARINGS - Defense attorneys wishing to resolves issues including the exclusion of evidence will file a motion with the court. A hearing will take place during which the issues in the motion will be litigated. In motions to exclude chemical test results, the defense attorney may call expert witnesses to testify and cross examine the police officers involved in the case. If successful, the judge will grant the motion and the evidence will be inadmissible at trial.

TRIAL - In Mississippi, DUI trials may be held by judge or jury. If a jury trial occurs, it may consist of 6 or 12 jurors, depending on the case and the nature of the charges. Following the trial, a verdict will be returned. If found not guilty, the case and all charges will be dismissed. If found guilty, a sentence will be imposed.

APPEAL - Persons convicted of DUI following a trial will have an opportunity to appeal to higher courts for review. The request for an appeal must be made in writing and within the requisite time constraints or the right to appeal will be considered "waived."

Local Mississippi Court Procedures For DUI May Vary

It is important to note that the procedures above are a rough and general outline of what to expect. Different courts in different counties may have slightly different procedures. For that reason, it is very important to contact a local lawyer who has experience defending Mississippi DUI cases in the court where you are charged.