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DUI/DWi Defense

Mississippi and Tennessee DUI and DWI Defense Attorney. Defending clients facing DUI/DWI charges and other violations of the law.
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Get your case resolved and get on with your life.
If you have been charged with DUI for the first time, it is important that you retain the services of a skilled DUI lawyer right away. Taking action quickly to fight back against charges could make a significant difference in the outcome of your case. Fighting a DUI charge requires legal knowledge and the ability to make a convincing argument.

A DUI is a crime and beating the charge requires legal expertise that only a DUI attorney possesses. Attempting to defend oneself in court can be frustrating, unnerving, and often results in conviction. Letting a DUI lawyer take charge of the situation by presenting a strong defense turns the tables.

F.A.Q.

The laws governing DUI cases differ from state to state, and each local jurisdiction has its own practices when it comes to arrests and court proceedings. We can help you understand the implications of the charges you face.
What is a DUI/DUI Other in Mississippi?
You will likely receive a DUI in Mississippi if you are arrested for driving with a blood alcohol concentration (BAC) of:

  • At least 0.08%. OR
  • At least 0.02%, if you are younger than 21 years old, also known as Zero Tolerance For Minors.

While those are the legal BAC limits, you may still receive a DUI or alcohol-related driving offense for driving with a BAC that is lower than the legal limits above. Your penalties will be determined by your court.

A DUI Other refers to being under the influence of something other than alcohol  such as drugs, illegal prescriptions or other unknown.

What is a DUI in Tennessee?

In Tennessee, a BAC of .08 is considered as driving under the influence.

What are the penalties for a DUI in Mississippi?
Driving under the influence of alcohol comes with penalties from both the court and the Mississippi Department of Public Safety (DPS). Your penalties will depend on the severity of your DUI offense, whether you have previous DUI charges, and your driving history. The Department of Public Safety can use administrative laws to punish you, and the courts can use criminal law.

1ST OFFENSE

Administrative Penalties

  • Driver’s license suspension: Minimum of 90 days with completed Mississippi Alcohol Safety Education Program
  • License reinstatement fee: $175.
  • Ignition interlock for restricted driver’s license.
  • Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

  • A $250 to $1,000 fine.
  • 48 hours in jail.
  • A driver’s license hardship request fee: $50.

2ND OFFENSE WITHIN 5 YEARS

Administrative Penalties

  • Driver’s license suspension: 2 years
  • License reinstatement fee: $175.
  • Ignition interlock for restricted driver’s license.
  • Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

  • A $600 to $1,000 fine.
  • 1 to 5 years in jail.
  • 10 days to 1 year of community service
  • Possible forfeiture of your vehicle.

3RD OR SUBSEQUENT OFFENSE WITHIN 5 YEARS

Administrative Penalties

  • Driver’s license suspension: 5 years.
  • License reinstatement fee: $175.
  • Ignition interlock for restricted driver’s license.
  • Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

  • A $2,000 to $5,000 fine.
  • 1 to 5 years in prison.
  • Forfeiture of your vehicle.
  • The penalties increase for multiple DUIs and offenses involving accidents, injuries, and deaths.
What are the penalties for a DUI in Tennessee?

1ST OFFENSE

Administrative Penalties
• Driver’s license suspension for one year.
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $350 to $1,000 fine.
• 48 hours to 11 months in jail.

2nd OFFENSE
Administrative Penalties
• Driver’s license suspension for two years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $600 to $3,500 fine.
• 45 days to 11 months in jail.

 

3rd OFFENSE
Administrative Penalties
• Driver’s license suspension for six years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $1,100 to $10,000 fine.
• 120 days to 11 months in jail.

 

4th OFFENSE
Administrative Penalties
• Driver’s license suspension for eight years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• Class E Felony
• A $3,000 to $15,000 fine.
• 1 year in jail.

 

What is a felony DUI in mississippi?

If you receive a third or subsequent DUI charge within a five-year period in Mississippi, it becomes a felony DUI rather than a misdemeanor.

What is a felony DUI in Tennessee?

In Tennessee, if you receive a fourth or subsequent DUI charge in five years it is considered to be a felony DUI rather than a misdemeanor DUI.

How can I contest a DUI charge?
Situations in which your attorney may be able to contest a DUI charge include:

  1. There was no probable cause for officers to stop your vehicle.
  2. The breath test was faulty and unreliable.
  3. You have a medical condition that contaminated the test results.
  4. You had eaten food that mimics self-produced isopropyl and ethyl alcohol (the type in alcohol).
  5. The breathalyzer had not been properly maintained and calibrated.
  6. You were not driving the vehicle and were charged anyway.
Can I get a DUI off my record in mississippi?
Yes, a DUI may be expunged after five years providing you have completed all the fines, and requirements of the court.

You must meet certain conditions for expungement. Mississippi law sets out six (6) conditions which individuals must meet to qualify for an expungement in Mississippi:

  • You did not refuse a blood, breath, or urine test;
  • Your blood alcohol concentration was below .16% if tested;
  • At the time of arrest, you were not the holder of a commercial driver’s license or a commercial learner’s permit;
  • You have completed all conditions ordered by the court to include paying all fines and taking any classes;
  • You have not been convicted of any other driving under the influence charges or have any charges pending; and
  • You can show the court why the conviction should be expunged.
Can I get a DUI off my record in Tennessee?

If your DUI charge was dismissed or did not result in a conviction (you were found not guilty, your conviction was reversed on appeal, your charge was reduced to a lesser offense), than it can be expunged. A DUI conviction cannot be expunged. A conviction of reckless driving and reckless endangerment can be expunged after five years.

Hiring a DUI Lawyer

An effective attorney brings experience in handling DUI cases in the local jurisdiction where you are facing charges. A lawyer should work to minimize the consequences you will face in both the short and long term.

Ask amy

As seen in the Northeast Mississippi Daily Journal’s “Ask a Professional”

Client Testimonials

dui charges

"I received a D.U.I. other in Lee County while on probation which Amy fought against and was able to get dismissed on a technicality. Then within three months I again was charged with a subsequent offense in Pontotoc County and was charged with D.U.I. and Amy was also successful in getting that dismissed.

It really does matter which attorney you select, and I couldn’t recommend a better one than Amy."

–M.K

multiple traffic violations

"Attorney Amy Pietrowski was responsive and quick to take appropriate action. She provided me with wise counsel and good guidance. I received a speeding ticket, a tint violation, and no insurance and live out of state. Amy was able to get all the offenses dismissed and my appearance in court wasn't even required. Highly recommend her! Great job!!!!"

–JB/ Arkansas

DUI

“Amy was very attentive to my feeling uncomfortable as this was my first DUI offense. She took my call and texts promptly and did not drag my case out. She was fantastic. I highly recommend her.”

–Anonymous Avvo Review

Custody case

“Amy is not only a caring and professional attorney, but she is dedicated and will bring results to your case. I cant thank her enough for getting me custody of my little girl. Will continue to use this attorney for any future needs. I highly recommend for anyone that needs a good attorney that will fight for their case.”

– E.R

traffic violation

“Ms. Pietrowski was so helpful in handling a traffic case for my son. He was visiting from out-of-state and received a traffic citation. Amy answered her call and was wonderful to work with. She addressed all of our questions and concerns and helped us through the stress of dealing with an issue from several states away. I cannot recommend her and her firm enough. Awesome!"

– RJ

professional, caring and knowledgeable

"Attorney Pietrowski is one of the shining examples of professional, caring and knowledgeable attorneys. She listened, advocated and kept me informed throughout the proceedings of my case. I am very pleased with the quality, responsiveness and extensive legal expertise of Attorney Amy Pietrowski."

–CR/ Memphis TN

cdl violation

"Attorney Pietrowski served my legal needs efficiently. She personally emailed and called me when there were any changes or updates with my case. When it came time for trail, Attorney Pietrowski was well prepared and had all my citations dismissed, no longer jeopardizing my Bus Driver Licensing."

–JD/Memphis TN

cdl violation

"I was ticketed during the scope of my employment and with the help from Attorney Pietrowski she was able to have all my charges dismissed resolving any potential employment issues."

–RR, LA

speeding violation

"My speeding violation was dismissed as a result of Attorney Pietrowski knowledge of procedural techniques. I highly recommend Pietrowski Law Practice for your legal needs!"

–LK, GA

youth court

"My child was involved in an altercation in school and she was facing a DeSoto County Youth Court charge of a Delinquent Child or Child in Need of Supervision with an additional charge of simple assault. We retained attorney Amy Pietrowski and she was quick to get involved and with her legal representation was able to get our case dismissed. We had never been involved with the Youth Court and with Amy's assistance we had a clear understanding of what to expect each step of the way. You can't go wrong when you retain Amy!"

–JB/Mississippi

public drunk

"I was charged with Public Drunk and Failure to Obey the Lawful Command of a Police Officer in Lafayette County, Mississippi. Amy worked very hard on my behalf and was able to get the Failure to Obey dismissed and the Public Drunk charge off my record as well through her diligence. As a result, I can move forward with my life knowing these offenses are not part of my permanent record as I graduate from college."

–Z.L.

dui and other traffic violations

"I have never been in trouble before and was facing multiple traffic offenses and criminal charges. I was charged with a D.U.I. far above the legal limit, no insurance, a seatbelt violation, careless driving, and open container in Prentiss County. I knew I faced a lot of jail time and Amy was able to fight for me and get all the charges dismissed but the D.U.I. charge (which despite the other alcohol offenses I was still offered probation); keeping it off my permanent record and me out of jail. I was so thankful to have her on my side!"

–M.S.

possession of marijuana, alcohol, no insurance

"I am highly regarded in my local community and had made several very poor choices and was pulled over while driving and charged with possession of marijuana in a motor vehicle, possession of drug paraphernalia, possession of alcohol, and no insurance. I didn’t know where to turn but liked that Amy had been a United States Marine soldier and trusted her to defend me. Amy went to court and was able to fight and defend my case and based on the law argued - all the charges were dismissed!"

–W.E.

speeding ticket

I was charged with speeding in Oxford, Lafayette County and Amy was able to get this dismissed. I was extremely happy with her representation and her attentiveness to my phone calls concerning my legal defense.

– J.D.

following too closely violation

"I was charged with following too closely in Tippah County, Mississippi, and I live out of state. My attorney fought for me and I wasn’t required to actually appear in court, saving me both time and money. Amy was able to get the charge dismissed keeping it off my driving record and my insurance didn’t change as a result of her defending me! Very thankful for the outcome."

–C.R.

visitation

"I am a young father who couldn’t afford an attorney to fight for custody. Amy was able to negotiate on my behalf my visitation rights so I could see my son without a huge expense, or courtroom drama. This attorney was very talented in reaching an agreement and keeping this from escalating into a custody battle."

–M.P.

speeding, careless driving and other traffic violations

"I was charged with a speeding ticket, no insurance, careless driving, reckless driving, I also hold a Commercial Driver’s License. I live in Florida and by retaining Amy as my attorney I did not have to drive back to appear in Court. Amy was able to keep the offenses off my record enabling me to keep my CDL and my job. There is no better attorney than Amy Pietrowski."

–F.C.

speeding ticket & cdl

"I was charged with speeding and I live out of state and drive a school bus. I could not afford to lose my job, nor come back to court. I hired Amy and she successfully got the speeding ticket dismissed. I highly recommend retaining her as your attorney."

–L.K.

child custody

"I hired Amy to modify a child custody order granting me sole custody of my child due to the conduct of the father. I thought we would have a long drawn out custody battle but Amy was successful in getting the case resolved swiftly while remaining very professional and diligent in ensuring the outcome would be to the best interest of my child. I would highly recommend her to anyone facing the same situation."

–J.S.

emergency custody

"My child's mother had allowed my son to be in a non-safe environment and I needed emergency custody. Amy was successful in obtaining emergency custody and getting my son out of a very harmful situation and in court within a day. I have maintained sole custody of my son and mother has restricted and supervised visitation permantly until she can prove to the court she has made the necessary improvements. I was extremely satisfied with the passion Amy displayed for me and my child! You need to hire this attorney!"

–D.B.

speeding violation

"My speeding violation was dismissed as a result of Attorney Pietrowski's knowledge of procedural law. I highly recommend Pietrowski Law Practice for your legal needs! Thanks - excellent job!!
– "L.K."

public drunk

"I was charged with Public Drunk in Lafayette County. I was a student at the time and had never been in any trouble before. Amy was knowledgeable and always available to meet with me to discuss any questions or concerns I had along the way.

With her skill, Amy was able to keep this off my record so I could move forward after graduation and gain employment in a career where this offense would not be conducive to maintaining employment - with both the education and career I have worked hard to obtain.

Trust Amy with your legal problems, she truly cares."

–Z.B. | Lafayette County, MS

DUI Lafayette County

Amy Pietrowski represented me in my criminal matter involving my DUI in Lafayette County. It was my first and I was terrified of the process and what would happen to me. Amy was easily available to answer my questions, and always returned my phone calls or correspondence. I felt like she truly cared.

She fought hard for me and explained what would occur in court and was able to resolve my matter quickly and keep it off my record.

I would highly recommend her as your DUI attorney!!

– L.R. | Lafayette County

DUI | No Insurance | Reckless Driving

"She was diligent and fought hard for me. She was able to keep all these charges off my record."
– J.A.

Lee County Court | Shoplifting

"I was charged with shoplifting at the city court and I hired Amy to appeal my case in the higher court. She met with me and heard all the facts and then was able to develop a strategy and defend my case and get it dismissed!"
– J.C.

Shelby County Court | Felony Assault

"I was charged with felony assault and Amy got it lowered to a misdemeanor assault and then defended me and kept it off my record."

–L.T.

Monroe County Justice Court | Speeding Violation

“I was charged with speeding violation and Amy got it dismissed.”

–"D.W."

Bolivar County Justice Court | Speeding Violation, Insurance

“My charge was no insurance, speeding 30 mph over the limit and Amy Pietrowski was successful in keeping it off my record.”

–P.D.

Lafayette County City Court | DUI

“I was charged with a DUI and was very satisfied with Amy's defense and her ability to get it dismissed.”

–R.L.

Tate County Justice Court | Stalking Charge

“My former girlfriend charged me with stalking and it didn't appear I was going to stay out of jail. Amy researched the caselaw and was able to successfully defend my case and get it dismissed.”

–"T.E.D."

Lee County Justice Court | DUI, No Insurance, Traffic Violations

“I was charged with a DUI, No Insurance, and Failure to Keep in Proper Lane. It didn't look like good for me so I hired Amy and she was won a dismissal. Highly recommend her!”

–"J.A."

Olive Branch Municipal Court | CDL Violation

“I received a ticket for Following a Non-Truck route and am a C.D.L. Driver. This ticket meant I was going to lose my job. Amy prepared my legal defense and we won a not-guilty verdict!”

–"W.F."

Desoto County Southaven Justice Court | Second Offense DUI

“I had a second offense DUI charge and Amy was able to get it dismissed.”

–"M.D."

Olive Branch Municipal Court | CDL Traffic Violation

Attorney Amy Pietrowski represented my violation of Disobeying a Traffic Control Device and I hold a CDL license and would have lost my job. She successfully tried the case and it was dismissed.

–"J.T."

Winston County, MS | CDL and DUI

“Amy Pietrowski tried my DUI case, cross examined the officer revealing his lack of evidence and successfully allowed me to keep my CDL license and won the case with a not guilty verdict from the judge.”

–“J.A.”

Dedicated, real and honest

"Amy is not only a great attorney, she is also a wonderful person. Dedicated doesn't even scratch the surface of this tough-love lawyer. She is always quick to respond when you need something and communicates effectively when there are updates with your case. She shows what I feel is sincere empathy, but also keeps it real and honest. I appreciate her professional style and integrity- it works!"

-W.E.

Contact Us

Southaven
7028 Flower Creek
Southaven, MS 38671

Oxford
317 Heritage Drive
Suite 7, Oxford, MS 38655

Tupelo
3543 Tom Watson Drive
Saltillo, MS 38866

(662) 372-1622

DUI, DWI | Criminal Defense | Family Lawyer

Licensed in Mississippi and Tennessee

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