Holcomb Dunbar - North Mississippi Attorneys

Mississippi’s Common Law DUI Evidence

Doug Hollowell Attorney

Doug Hollowell

Mississippi DUI and the Sufficiency of Evidence

By Doug Hollowell:

The Forrest County Circuit Court recently touched on an interesting area of Mississippi DUI law- the common law DUI. In the case of Moore v. State, No. 2013-KA-00787-SCT, the Court found sufficient evidence to convict Charles Moore of felony driving under the influence (DUI), third offense, even though there was neither: a) a record of Moore’s blood alcohol content, nor b)proof that the breath intoxilyzer machine at the police station was working properly.

To many this may seem inappropriate. Mississippi’s common law DUI, however, allows evidence of slurred speech, bloodshot eyes, or erratic driving as sufficient means to convict a defendant under section 63-11-30. The Court further noted the State’s unrefuted evidence that the defendant drank a “swallow” of vodka and one-fourth a beer. This last note is perhaps the most important to those who are pulled over during a DUI investigation. Your admission of prior drinks can and likely will be used against you during your trial as evidence of driving under the influence.

If you have questions about Mississippi’s DUI laws, or if you have been charged with a DUI, do not hesitate to contact Doug Hollowell and Holcomb Dunbar at 662-234-8775 and dhollowell@holcombdunbar.com.