Judge Denies Claim Mississippi DUI Law Is Unconstitutional

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Harrison County Circuit Judge Larry Bourgeois has declined to throw out the indictment in a DUI death case and dismissed a defense attorney’s claim that the Mississippi law is unconstitutional.

The ruling was sought by Michael Crosby, the lawyer for Darrell Blappert, who is charged with drunken driving resulting in the death of DeAnna Tucker, the 29-year-old daughter of Gulfport Police Chief Alan Weatherford.

Crosby had contended in a case of a driver who is legally intoxicated and is involved in a crash that injures or kills someone, simple negligence is sufficient for a conviction. In Mississippi, a blood-alcohol content of 0.08 percent is considered legally intoxicated.

Bourgeois ruled against Crosby.

Authorities said Tucker was pinned between her car and a pickup truck March 29, 2011, when Blappert’s car collided with one of the vehicles outside a Gulfport bridal shop. Blappert has admitted he had been drinking beer, but said he crashed when a vehicle pulled in front of him. Tucker died in a few hours.

Blappert, 27, is set for trial March 19. He is free on $1 million bond.

Under state law, an impaired driver is considered responsible for a resulting death or injury regardless of the circumstances of the accident. A conviction is punishable by up to 25 years in prison.

Bourgeois said that over the years law changes took a DUI-related death or injury case out of the category of manslaughter or aggravated assault, which both require a higher level of culpability and carry a maximum penalty of five years less than the aggravated DUI law.

The problem, Crosby said, is the state’s revised law does not require consideration of whether a third party caused the crash or whether the use of alcohol contributed to the crash.