Brent M. Brumley Attorney at LawJackson MS Criminal Defense Attorney | Tri-County Mississippi Misdemeanor Defense Lawyer2026-10-08T19:22:26Zhttps://www.mississippidui.net/feed/atom/WordPress/wp-content/uploads/sites/1601596/2020/05/apple-touch-icon-75x75.pngOn Behalf of Brent M. Brumley Attorney at Law<![CDATA[Can you refuse a field sobriety test?]]>https://www.mississippidui.net/?p=467252026-10-08T19:22:26Z2026-10-08T19:22:26ZField tests and chemical tests are not the same
Law enforcement often uses field sobriety tests to look for signs of impairment. These tests are intended to help an officer evaluate a driver’s balance, coordination, attention and ability to follow instructions.
One issue with the field sobriety tests is that they are not necessarily easy for everyone to perform, even when they are completely sober. Balance and coordination can be affected by age, physical conditions, injuries, footwear, uneven pavement, nervousness or weather.
You can decline to perform a roadside field sobriety test. However, your refusal doesn’t automatically prevent an officer from arresting you for DUI. There may be other factors, such as:
How you were driving before being stopped
The odor of alcohol
Your speech and behavior
Any other observations the officer makes during the traffic stop
However, a roadside field sobriety test and a chemical DUI test are two different things. Mississippi’s implied consent law allows the chemical testing of breath, blood or urine. If an officer has probable cause, they must advise the driver that refusing the chemical test can result in a 90-day driver’s license suspension. If the driver has a prior conviction, the suspension can be one year.
If you are arrested for DUI, you should take the situation seriously. A DUI conviction can involve more than fines or jail time. Your employment, insurance costs and driving privileges may also be affected. Speak with a legal representative as soon as possible. They can review the circumstances of the traffic stop, the officer’s observations and any testing performed. They will also help to ensure that your rights are protected.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[Peer pressure can lead to criminal activity]]>https://www.mississippidui.net/?p=467222026-09-21T19:36:08Z2026-09-21T19:36:08ZOne significant factor in many types of criminal activity is simply peer pressure. A person in a social environment may act in a way that they never would have acted on their own.
One example of this is with underage drinking. Reports find that peer pressure is a common component. Those under 21 know that it is illegal for them to drink, and they may not drink at home alone, but they are more likely to do so in a social setting such as a party, a sporting event or another type of gathering.Often, the goal is simply to fit in with those around them. A college student who is at a house party off campus may never consider drinking alone in their dorm, but they will have a beer if everyone else at the party is already drinking. They do not want to be the only person who does not partake. They also feel significant pressure to fit in with those around them, to make friends and to be accepted by the group.
It is not just alcohol
Alcohol use is a common example of peer pressure, but it is not the only one. The same basic idea can be extended to illegal drug use, whether this means substances like marijuana or prescription medications.On top of that, minor crimes, like shoplifting, vandalism or trespassing, can also be the result of peer pressure. A person could be dared to shoplift an item from a store, for instance. Wanting to impress their friends, they decide to do so, even though they easily could have bought the item and may not even want it in the first place.
Criminal defense options
It is important for people to understand how criminal activity takes place, and this is especially true for parents whose children may have been arrested in high school or college. It is also critical to understand exactly what legal defense options exist after such an arrest.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[DUI charges for sleeping in your car]]>https://www.mississippidui.net/?p=467212026-09-07T14:09:16Z2026-09-07T14:09:16ZGenerally speaking, most DUI offenses occur when someone is actively operating their vehicle. A police officer may see signs of impairment in the way that they are driving, giving them reasonable suspicion to stop the car. The officer then administers a breath test, which shows that the driver is over the legal limit.
As such, people sometimes believe that they are safe from DUI charges as long as the car is not in motion. But it is actually possible to face charges even when not actively driving. For instance, someone who is sleeping in their car after an evening of heavy drinking could still be arrested for a DUI.
How the law is written in Mississippi
The law in Mississippi states that it is illegal for someone to “drive or otherwise operate” their vehicle while under the influence. As such, if the police believe that the person was in actual control of the vehicle and had the ability to operate it, they could still face charges. Someone who is sleeping in a running car with the keys in the ignition, while sitting in the driver’s seat, for instance, could still be arrested. They may argue that they were not driving at the time, but the police will counter by saying that they were still operating the vehicle and were in a position where driving was possible, or where it had likely occurred shortly in the past.These cases can become complicated, and DUI charges can have a major impact on a person’s future, so it is important for them to know what legal defense options they have.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[Private browsing does not eliminate all digital evidence]]>https://www.mississippidui.net/?p=467182026-08-21T18:14:53Z2026-08-21T18:14:53ZDigital evidence is very important to some criminal cases. With certain types of internet sex crimes, for example, the police may want to see a log of websites a person has visited or files that they have shared. For other types of crimes, such as drug manufacturing or financial fraud, they may use digital evidence to see if the person researched that activity in advance.
One mistake that people make when considering their internet usage is to assume that private browsing or incognito browsing mode will hide all of this activity. But the reality is that this is just a local feature. If someone is using a private browsing mode, a list of websites they visited will not be stored locally on their device, but that does not mean the evidence ceases to exist entirely.
Other potential sources
There are many other sources where this information can still be gathered by the authorities. For instance, if someone was on a work network or a network at a college or university, the network administrator can still see their online activity, even in private browsing mode.In other cases, an internet service provider may have access to records of someone’s browsing history, even if they are not stored on their physical device. Similarly, if the person used any websites or apps, the companies that control those tech properties may have digital evidence that the police can get with a subpoena, such as records of messages the person sent, files they transferred, sites they visited or searches that they conducted.If you are facing criminal charges and digital evidence is going to be a major component, it is important for you to know how this works and all of the legal defense options at your disposal.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[Do you have to let the police search your home?]]>https://www.mississippidui.net/?p=467172026-08-12T23:35:52Z2026-08-12T23:35:52ZProtecting your rights
In most situations, police can’t simply enter your home without your permission. There are a few exceptions, such as if they believe someone is in danger or evidence is being destroyed. Both the Fourth Amendment of the U.S. Constitution and Article 3, Section 23 of the Mississippi Constitution typically require law enforcement first to obtain a signed warrant supported by probable cause. Furthermore, that search warrant must identify the place to be searched and the things to be seized.
If you voluntarily give them consent, it can eliminate the need for them to obtain a warrant. Therefore, it’s vital to understand the difference between being asked for permission versus being ordered to allow a search. Whether or not they have a search warrant, the safest approach is to usually remain calm and avoid turning the encounter into a confrontation.
You don’t have to assume that police can search your home simply because they ask. Refusing consent is not the same thing as obstructing justice. If you have been subjected to a police search of your person or home and you believe the search may have violated your rights, it’s essential to contact a legal professional as soon as possible. They can review what happened and determine whether there may be grounds to challenge the search or suppress evidence.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[Drug possession defense strategies in Mississippi]]>https://www.mississippidui.net/?p=467152026-07-29T16:42:23Z2026-07-29T16:42:23ZAn arrest for drug possession in Mississippi involves complex statutes and strict penalties. If convicted, your future could be in serious jeopardy.
Those accused benefit from a clear understanding of how cases are built to shape the direction of their defense.
Understanding possession allegations
Mississippi recognizes actual possession and constructive possession. Actual possession involves drugs found directly on a person, while constructive possession applies when drugs are found where a person can control them. Courts examine proximity, ownership and behavior when deciding whether constructive possession exists. This can create room for challenges when the evidence is unclear or shared spaces are involved.
Challenging searches and seizures
Search and seizure issues appear often in drug possession cases, opening a potential avenue to explore in a defense. Common examples include:
Invalid warrants when supporting information is missing or inaccurate.
Improper vehicle searches when officers exceed the scope of a stop.
Unlawful detentions when a police encounter lasts longer than legally allowed.
A detailed review of the situation can help uncover possible errors on the part of law enforcement and can lead to evidence suppression.
Examining testing and evidence
Drug evidence must be collected, stored and tested correctly. This often involves using a certified laboratory to confirm substance type and weight. However, mistakes such as these can occur that affect the charges and potential penalties:
Contamination risks when packaging or storage procedures are not followed.
Chain of custody gaps when documentation of evidence is incomplete.
Testing errors when lab instruments malfunction or calibration records are missing.
A thorough legal review of drug possession allegations can illuminate defense options you may have overlooked and help identify the strongest path forward.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[What to do if you are facing federal charges in Mississippi]]>https://www.mississippidui.net/?p=467132026-07-16T06:51:52Z2026-07-16T06:51:52ZFederal charges are more serious
By the time prosecutors file federal charges against you, they have typically spent months, sometimes years, building their case. They rarely move forward unless they are confident they can win. Federal convictions also often carry harsh mandatory minimum sentences.
While federal judges do have some flexibility to sentence below the recommended guidelines based on the facts of your case, that flexibility only matters if you have a lawyer who knows how to use it.
Do not talk to federal agents without an attorney
Federal agents train extensively as investigators. They may approach you casually, tell you that you are not a target, or suggest that cooperating will help you. Do not answer their questions without a lawyer present.
Prosecutors can and will use anything you say against you, even statements you believe are entirely innocent. Federal agents are exceptionally skilled at turning casual conversations into evidence against you.
Start building your defense immediately
Federal courts operate under a different set of rules, procedures and pressures than state courts, and not every criminal defense attorney has experience in them. The earlier you get the right attorney involved, the better your options will be.
In some cases, an experienced federal defense attorney can step in before prosecutors file formal charges and shape the outcome before it gets to court. Your attorney needs to preserve evidence, identify witnesses and look for cracks in the government's investigation. Waiting is the one thing you cannot afford to do.
]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[Penalties for disregarding the rules during an appeal]]>https://www.mississippidui.net/?p=467122026-07-06T14:38:15Z2026-07-06T14:38:15ZAppealing a criminal conviction requires more than disagreeing with the outcome of a case. Appeals in Mississippi must follow strict procedural rules, and failing to comply with those requirements can jeopardize the entire appeal.
The Mississippi Rules of Appellate Procedure establish deadlines, filing requirements and other obligations that parties must follow throughout the appellate process. Understanding these rules is an important part of protecting your rights during appeals in Mississippi.
How failing to follow the rules can affect your appeal
The Mississippi Rules of Appellate Procedure provide significant consequences for parties who fail to comply with appellate requirements. In some situations, an appeal must be dismissed. For example, if the notice of appeal is not filed within the required deadline, the appellate court generally has no choice but to dismiss the case. Missing this deadline can prevent the court from reviewing your criminal conviction.Other procedural violations may also place an appeal at risk. If there is an obvious failure to move the appeal forward or a substantial failure to comply with the appellate rules, the court may notify the party of the deficiency and provide an opportunity to correct it. If the problem is not addressed within the required time, the appeal may also be dismissed.The appellate courts may impose additional sanctions when parties or others involved in the appeal fail to comply with procedural requirements or court orders. Depending on the circumstances, sanctions may apply to parties, court personnel or others responsible for meeting appellate obligations. These measures are intended to encourage compliance and promote the efficient administration of justice.Although the appellate courts may suspend certain procedural rules in limited circumstances for good cause or to promote the efficient resolution of a case, these exceptions are narrow. They should not be viewed as an alternative to complying with the Mississippi Rules of Appellate Procedure from the beginning.Appeals in Mississippi are governed by strict procedural requirements, and even seemingly minor mistakes can have significant consequences. If you have questions about the Mississippi Rules of Appellate Procedure, criminal defense matters or your appellate rights, seeking legal guidance as early as possible may help protect your ability to pursue an appeal.]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[When is sexting activity unlawful?]]>https://www.mississippidui.net/?p=467112026-06-22T01:43:17Z2026-06-22T01:43:17ZIn general, consensual exchanges of sexually explicit messages or images between adults are not typically criminal. Legal issues typically arise when the content involves a minor, lacks consent or violates other criminal statutes.
Common behaviors that may be prosecuted
Transmission and possession of sexually explicit images of individuals under the age of 18 are both unlawful. Even if a minor voluntarily creates or sends an image of themselves, the possession, distribution, receipt or production of that image may trigger child pornography laws. In some circumstances, both the sender and the recipient can face serious legal consequences. Even a teenager who forwards an image received from another minor may be accused of a criminal offense.Sharing intimate images of another person without permission may also violate criminal laws and can expose an individual to civil liability as well. What begins as a private exchange during a relationship can become a legal problem if images are later distributed to friends, posted online or used to embarrass or threaten another person.Sexting can also become unlawful when it is connected to harassment, stalking, extortion or coercion. For example, threatening to release intimate images unless someone provides money, additional images or other favors may lead to serious criminal charges. Likewise, repeated unwanted sexual messages may potentially support harassment-related allegations.Messages, photographs and videos can be saved, copied, forwarded and recovered even after they are deleted. What may seem like a private conversation can quickly become evidence in a criminal investigation.Mississippi prosecutors and law enforcement agencies take offenses involving minors and sexually explicit images seriously. As a result, anyone who has been accused of a sexting-related offense needs to seek legal guidance immediately. ]]>On Behalf of Brent M. Brumley Attorney at Law<![CDATA[What is Mississippi’s legal limit?]]>https://www.mississippidui.net/?p=467102026-06-10T16:15:42Z2026-06-10T16:15:42ZDrivers in Mississippi need to be aware of the legal limit. Police officers often measure a driver's blood alcohol concentration (BAC) after a traffic stop, if they suspect impairment. If the driver is over the applicable BAC limit, the court can presume that they were impaired.
But there is not just one legal limit to watch out for. There are actually three, so it is important for drivers to know which one applies to them personally.
The overall limit: 0.08%
Generally speaking, the main legal limit that applies to the majority of drivers in the state is 0.08%. Exactly how many drinks it will take a driver to get there depends on many different factors, but it usually takes a number of drinks before they would approach this elevated BAC.
The commercial limit: 0.04%
If someone is a commercial driver, though, they need to maintain a legal limit that has been cut in half to just 0.04%. Truck drivers, bus drivers and others must be aware of this restriction.
The underage limit: 0.02%
Finally, no one in Mississippi is supposed to drink alcohol until they turn 21. Therefore, underage drivers have to adhere to a legal limit of just 0.02%. They typically should not have any alcohol in their system at all, so merely registering a positive result could put their license in jeopardy.
Your defense options
Are you facing drunk driving allegations after violating one of the legal limits listed above? If so, it is very important that you understand exactly what legal options you have at this time.
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