Mississippi DUI Law

In Mississippi, it is illegal to operate a motor vehicle while under the influence of alcohol. It is also illegal to operate a vehicle while your blood alcohol concentration level reaches or exceeds the legal limit of 0.08%. There are separate limits for persons under the age of 21 or drivers of commercial vehicles. For persons under the age of 21, the BAC limit is 0.02% and for commercial drivers, the legal limit is 0.04%. There are criminal and administrative consequences for being convicted of a driving under the influence offense. Because these penalties have great potential to negatively affect your quality of life, it is important that you contact a Mississippi DUI attorney so that you have the best chance of presenting a defense that will help you avoid a conviction or minimize penalties. that are imposed. if he is convicted.

DUI arrests in Mississippi

If you are arrested for a driving under the influence offense in the state of Mississippi, two separate cases will begin against you. One is the criminal case that he will have to go through to defend himself against the criminal charges. The second is an administrative case with the Mississippi Department of Motor Vehicles. If you refused to submit to chemical testing or had a blood alcohol level of 0.08% or higher, the arresting officer will confiscate your driver’s license. The only way he can try to save his license is by contacting the Department of Motor Vehicles. Once your license is confiscated, the state will attempt to suspend your driving privileges for 90 days to one year. To try to salvage his license, he must file a petition for refusal of evidence with the DMV within 10 calendar days of his arrest. This petition will not stop the license suspension, but will entitle you to an informal hearing with the DMV. There is no jury present at this hearing; it is simply a review of your case to determine if the DMV agrees with the state to suspend your license or if your license will be returned to you. The decision will be made at the hearing so that you will know if your driving privileges have been taken away before you leave the hearing. Having a hearing can help you in your criminal case because your Mississippi DUI lawyer can question the arresting officer to determine the facts of your case.

Criminal Penalties for DUI in Mississippi

Penalties for a DUI conviction in Mississippi depend on the offender’s age, the number of prior violations, and any aggravating factors involved in a case. There is a five-year look-back period when prosecutors determine what level of crime you will be charged with. If he has a prior conviction that occurred within five years of his most recent conviction, he will be charged and punished as a second-time offender. If the prior offense occurred more than five years prior to his most recent conviction, he will be charged and punished as a first-time offender. If you have three DUI convictions in a 5 year period, you will be charged with a felony DUI.

If you are under 21, the first offense will result in a $250 fine and a license suspension period of 30 to 90 days. If you refuse to take a breath test, you will be charged with an Adult DUI. A second offense will result in a fine of up to $500 and a license suspension period of one year. This period can be reduced to 6 months if you complete a certified drug and alcohol program. A third offense while under 21 will result in a fine of up to $1,000, a sentence to complete a certified drug and alcohol program, and a period of 2-year license suspension or suspension until you turn 21.

For adults convicted of driving under the influence, penalties can include jail time, license suspension, fines, and other penalties. First offenses can result in a $250 to $1,000 fine, reimbursement of court costs, 48 ​​hours in jail, and a one-year license suspension. A second offense within 5 years of a prior conviction will result in a fine of $600 to $1,500, reimbursement of court costs, 5 days to one year in jail, 10 days to one year of community service, a period of suspension from two-year license, and seizure or immobilization of the vehicle for the entire duration of the suspension. A third offense within 5 years of two prior convictions will result in fines of $2,000 to $5,000, one to five years in state prison, a five-year license suspension period, impound and sale of vehicles, and a felony on your record. There are additional penalties for driving under the influence for offenses that lead to death or disfigurement. This is a felony and will result in the loss of your civil rights and make it more difficult for you to get a job. If your driving under the influence offense results in the death or disfigurement of another person, you will face felony charges with a penalty of not less than five years and not more than 25 years in jail.

Mississippi Driver’s License Penalties

There are several different driver’s license penalties for DUI in Mississippi. Depending on the level of the offense, you will face suspensions or revocations of increasing periods of time. If you wish to reinstate your license, you must attend a 12-hour alcohol safety education program at your own expense. You must also show proof that you paid all fines and served all jail time that you were sentenced to by the court. There is a $100 reinstatement fee and you must also provide proof of insurance. You may be eligible for a hardship license if you have only committed one DUI offense. This hardship license will allow you to drive to work, go to medical appointments or attend school. Your license must be suspended for 30 days before you will be issued a hardship license. This hardship leave is not available if you were denied a breath test when you were arrested. If you refuse the chemical test, the penalties are a 90-day license suspension for the first offense, a one-year license suspension for a second offense, and a one-year license suspension for a third offense. This period of suspension is in addition to any court-imposed suspension and will run consecutively with any other suspension.