A Guide to Mississippi DUI Laws
Driving under the influence is dangerous and risks fatally injuring drivers and passengers. An activity that holds so much risk comes with heavy legal consequences. These consequences can include a suspended license, fines and jail time.
This article will provide an overall synopsis of Mississippi’s DUI laws and answer some common questions.
What is a “DUI” in Mississippi?
Mississippi defines a DUI as a driver operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher in adults and 0.02% or higher in individuals under 21 years old. Even though those are the legal limits, individuals can still receive a DUI even if his/her BAC (blood alcohol content) level is lower. If an officer feels like the individual is “under the influence” of alcohol or another substance even though their BAC is lower than .08%, they can be charged with a DUI.
What are the penalties if you received a DUI?
In Mississippi, DUI penalties will differ depending on the number of DUI offenses before the current charge, severity of the DUI (BAC, whether or not there was an resulting accident, etc.) and driving history.
When being charged with a DUI, there are two sets of penalties, one from the Department of Public Safety (DPS) and one from the court. The court issues criminal penalties and the DPS gives administrative penalties.
DUI 1st:
Administrative penalties: Driver’s license suspension for 90 days, and the mandatory completion of an Alcohol Safety Education Program; a license reinstatement fee of $175; and ignition interlock for restricted driver’s license.
Criminal penalties: A $250 to $1,000 fine; 48 hours in jail; and a driver’s license hardship request fee of $50.
Penalties can become harsher if an accident occurs and a passenger or another driver is injured or killed. The individual charged with DUI can face up to 25 years in prison.
If a person is charged with a second or third DUI within the next five years, the penalties increase as follows:
DUI 2nd:
Administrative penalties: Driver’s license suspension for two years with the same subsequent penalties as the first DUI.
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.
DUI 3rd (Felony):
Administrative penalties: Driver’s license suspension for five years, with the same subsequent penalties as the first DUI.
Criminal penalties: A $2,000 to $5,000 fine; 1 to 5 years in prison; forfeiture of your vehicle.
You're charged with a DUI; now what?
Now it’s time to hire a lawyer. A lawyer can help to get your charges lessened or have charges removed. Lawyers understand details about the arrest that could help contest the DUI. For example, attorneys may be able to show that there was no reason (probable cause) for the stop and have the DUI dismissed on the basis that the stop was illegal and any evidence gathered as a result of the stop is inadmissible.
No evidence - no conviction. Additionally, sometimes attorneys attach the validity of the intoxilyzer result by showing the sample tested was not collected properly, by showing the machine malfunctioned, and/or by showing the officer operating the machine did so incorrectly and/or was not trained and certified. Another way attorneys fight the charge is challenging the field sobriety tests, if applicable. Thought not exhaustive, these examples are a few of the most common ways your attorney can defeat your DUI.
If you have a DUI on record, can it be removed?
Yes, Mississippi allows DUIs to be expunged from one's driving record after five years and if they have completed all court requirements and paid all fines.
In addition, to have a DUI expunged from your record in Mississippi, an individual must prove:
They did not refuse a blood, breath, or urine test.
Their blood alcohol concentration was below 0.16% if tested.
They were not the holder of a commercial driver’s license or a commercial learner’s permit at the time of the arrest.
They have not been convicted of any other DUI charges or have any charges pending.
Lisa Scruggs has years of experience in successfully fighting DUI charges and getting DUIs expunged from their record. Call today to schedule your consultation.
