| Mississippi DUI Law | | | | If you are under 21, a first offense will result in a fine of |
| In Mississippi, it is illegal to operate a motor vehicle while | | | | $250 and a license suspension period of 30 to 90 |
| you are under the influence of alcohol. It is also illegal to | | | | days. If you refused to take a breath test, you will be |
| operate a vehicle while your blood alcohol | | | | charged with an adult DUI. A second offense will result |
| concentration level meets or exceeds the legal limit of | | | | in a fine of up to $500 and a license suspension period |
| 0.08%. There are separate limits for persons under the | | | | of one year. This period can be reduced to 6 months if |
| age of 21 or drivers of commercial vehicles. For | | | | you complete a certified drug and alcohol program. A |
| persons under the age of 21, the BAC limit is 0.02% | | | | third offense while you are under the age of 21 will |
| and for commercial drivers, the legal limit is 0.04%. | | | | result in a fine of up to $1,000, sentencing to completion |
| There are both criminal and administrative | | | | of a certified drug and alcohol program, and a license |
| consequences for being convicted of a driving under | | | | suspension period of 2 years or suspension until you |
| the influence offense. Because these penalties have a | | | | turn 21. |
| strong potential to negatively impact your quality of life, | | | | For adults convicted of driving under the influence, the |
| it is important that you contact a Mississippi DUI lawyer | | | | penalties may include jail time, license suspension, fines, |
| so you have the best chances of presenting a | | | | and other punishments. First offenses may result in a |
| defense that will help you to avoid a conviction or | | | | fine of $250 to $1,000, repayment of court costs, 48 |
| minimize the penalties imposed on you if you are | | | | hours of jail time, and license suspension for one year. |
| convicted. | | | | A second offense within 5 years of a prior conviction |
| Mississippi DUI Arrests | | | | will result in a fine of $600 to $1,500, repayment of |
| If you are arrested for a driving under the influence | | | | court costs, 5 days to one year of jail time, 10 days to |
| offense in the state of Mississippi, it will commence | | | | one year of community service, a license suspension |
| two separate cases against you. One is the criminal | | | | period of two years, and vehicle impoundment or |
| case that you will have to go through to defend | | | | immobilization for the entire length of the suspension. A |
| yourself against the criminal charges. The second is an | | | | third offense within 5 years of two prior convictions will |
| administrative case with the Mississippi Department of | | | | result in fines of $2,000 to $5,000, one to five years of |
| Motor Vehicles. If you refused chemical testing or had | | | | jail time at the state prison, a five year license |
| a blood alcohol level of 0.08% or more, your driver's | | | | suspension period, vehicle seizure and sale, and a |
| license will be confiscated from you by the arresting | | | | felony on your record. There are additional penalties |
| officer. The only way you can try to save your license | | | | for driving under the influence offenses that lead to |
| is if you contact the Department of Motor Vehicles. | | | | death or disfigurement. This is a felony and will result in |
| Once your license is confiscated, the state will try to | | | | the loss of your civil rights and make it difficult for you |
| suspend your driving privileges for 90 days to one | | | | to get a job. If your driving under the influence offense |
| year. In order to try to save your license, you must file | | | | results in the death or disfigurement of another person, |
| a test refusal petition with the DMV within 10 calendar | | | | you will face felony charges with a penalty of not less |
| days of your arrest. This petition won't stop the license | | | | than five years and not more than 25 years of jail |
| suspension from occurring but it will give you the right | | | | time. |
| to an informal hearing with the DMV. There is no jury | | | | Driver's License Penalties in Mississippi |
| present at this hearing; it is simply a review of your | | | | There are several different driver's license penalties |
| case to determine if the DMV agrees with the state to | | | | for DUI in Mississippi. Depending on the level of offense, |
| suspend your license or if your license will be returned | | | | you will face suspensions or revocations of increasing |
| to you. The decision will be made at the hearing so | | | | time periods. If you want to get your license reinstated, |
| you will know if your driving privileges have been taken | | | | you have to attend a 12-hour alcohol safety education |
| away before you leave the hearing. Having a hearing | | | | program at your own expense. You also must show |
| can help you in your criminal case because your | | | | proof that you paid all of the fines and served all of |
| Mississippi DUI attorney can cross-examine the | | | | the jail time you were sentenced to by the court. |
| arresting officer to determine the facts of your case. | | | | There is a reinstatement fee of $100 and you must |
| Mississippi DUI Criminal Penalties | | | | also provide proof of insurance. You may be eligible |
| The penalties for a DUI conviction in Mississippi depend | | | | for a hardship license if you have only had one DUI |
| on the age of the offender, the number of prior | | | | offense. This hardship license will allow you to drive to |
| offense, and any aggravating factors involved in a | | | | work, get to medical appointments, or attend school. |
| case. There is a look-back period of five years when | | | | Your license must be suspended for 30 days before a |
| prosecutors are determining what level offense you | | | | hardship license will be granted. This hardship license is |
| will be charged with. If you have a prior conviction that | | | | not available if you refused breath testing when |
| occurred within five years of your most recent | | | | arrested. If you refused chemical testing, the penalties |
| conviction, you will be charged and punished as a | | | | are a 90 day license suspension for a first offense, |
| second-time offender. If the prior offense occurred | | | | one year license suspension for a second offense, |
| more than five years before your most recent | | | | and one year license suspension for a third offense. |
| conviction, then you will be charged and punished as a | | | | This suspension period is in addition to any suspension |
| first-time offender. If you have three convictions for | | | | sentenced by the court and it will run consecutively to |
| DUI in a 5-year time period, you will be charged with a | | | | any other suspension. |
| felony DUI. | | | | |