DUI Reference Guide

Mississippi DUI Laws

Mississippi drivers can and will be arrested for a DUI if they are caught driving with a blood alcohol content that exceeds the legal limit for their category.  Anyone with a BAC of 0.08% or higher can be arrested.  In the case of people who are operating a commercial automobile, they can be arrested for a BAC of 0.04% and higher.  Minors can be arrested if they are caught with a BAC that exceeds or meets 0.02%.

Those arrested for DUI face a variety of penalties including fines, possible jail sentences, and the attendance to of a course on alcohol education.  Other punishments can also apply.  Those arrested for DUI can also have their license suspended.  The Department of Motor Vehicles will take this action.  Anyone arrested has the opportunity to request a hearing.  They have a chance to retain their driver’s license depending upon their case but there is certainly no guarantee that a person will win the hearing and retain their driver’s license. 

A person can also have their license suspended if they are not willing to take some type of chemical test.  There is a petition available that can provide a person with the right to drive for 45 days after they were arrested only.  This is if a person refused a test.  There is no extension past those 45 days.  A person can request a hearing in which there is a possibility that they will have their license until after their DUI court case. 

Any offenses that occur more than five years prior to a new DUI offense do not count towards the individual’s current number of offenses.  For example, if a person has committed their second DUI offense but the first one was six years ago, this offense would be treated as a first time offense. 

Penalties vary depending upon how many prior offenses they have had in a five year period.  Anyone under 21 also faces different rules than those who are 21 and over.  First time offenders who are 21 or older will serve at least 48 hours in jail.  Fines along with other related fees can run between $250 and $1000.  First time offenders also face as much as a one-year license suspension.  A separate 90-day suspension will result for those who refused to take a chemical test.

If a person is convicted of their second DUI offense they can have their license revoked for two years.  An additional one year can be added to that for those who refused testing.  During that time their car might be impounded.  They can face up to one year in jail with a typical minimum of five days.  In addition community service can be ordered.  That will range from ten days up to one year.  Fines and court costs are again incurred by the person convicted with amounts ranging from $500 to $1500.

Third time offenders who have had two prior DUI convictions in the last five years will be charged with a felony.  Therefore they will serve time in a state prison.  Terms can last as long as one to five years.  Fines will again be very high running from $2000 to $5000.  A person’s vehicle will become government property and will be sold.  DUI convictions will result in a person have their license revoked for five years.   Once again an additional year can be added on to that time for those who refused to take a chemical test. 

Anyone who causes an accident that results in a fatality or that causes permanent bodily injury to someone while they were driving under the influence faces further punishment.  They will be charged with a felony.  A felony results in the loss of certain civil liberties for a time.  People with this charge can be sent to jail for up to 25 years.  They must be sentenced to at least five. 

A different set of penalties applies to minors who have a BAC at or above 0.02%.  As a first time offender they will pay $250 in fines as opposed to as high as $500 for second time offenders.  First time offenders can lose their license for 90 days.  Those on a second conviction could lose their license for up to one year. 

Third time offenders who are minors will find themselves without a license for quite awhile.  If they will turn 21 in less than two years, the person will lose their license for a length of two years.  If a person will not be 21 for over two years, then they lose their license until they turn 21.

Youthful offenders (under 21) can also be sent for alcohol or other substance abuse programs.  They may be required to have proof that they complete these programs.  For second time offenders their license suspension can sometimes end after 6 months they receive all necessary therapy and treatment. 

For anyone who lost their license there are specific steps they might need to take in order to get their license back and to keep a current license.  They will need to complete program on safety relating to alcohol.  The purpose is to educate people on the dangers of alcohol and the dangers of drinking and then driving.  Before a license is reinstated they will also need to show documentation that they served any required time in jail and paid any fines.  A fee of $100 is charged before a person is given their license once again. 

Sometimes a first time offender can receive a license that they can use for approved purposes and nothing else.  This often includes if people need to drive somewhere for medical appointments or if they are working and/or going to school.

Mississippi DUI laws are strict.  They are in place to protect people from the dangers of drinking and driving.  People face severe consequences if they are convicted of DUI.  This is why it is important to contact a lawyer as soon as possible after an arrest for a DUI.  Seek a lawyer who specializes in this area of law.  Ask the lawyer how many cases they have handled in the area of DUI law.  Do not select a general attorney, as they probably will not know as much about DUI laws as they need to in order to best defend you.