It is a well-known fact that it is illegal to drive in Mississippi while under the influence of alcohol. There are generally two types of DUIs you can get for alcohol-impaired driving. The first is the “Common-Law DUI” and you will be charged with it based off the observed impairment the driver displays. The second type of DUI is a “Statutory DUI,” and this occurs when the driver has a blood alcohol level of .08% or more. What this means is that even if you are not observably impaired, you are per se/statutorily impaired under the law of this State. Minors under 21 have even a lower allowable blood alcohol content, it is .02%; anything above that, and a minor will be charged with a DUI. If you’re reading this, then you might wonder why anyone would submit to a breathalyzer exam, well the short answer is because you already have agreed to it as a condition for the privilege to drive in Mississippi. It’s a concept known as implied consent, and it requires you to submit to a breath, urine, or blood alcohol test when requested by an officer. If you refuse to submit to a properly requested breath test, you forfeit your license for 90 days.
Mississippi Code Ann. § 63-11-30(2) is the section of our State’s law that lays out the penalties for each DUI that a driver can be subjected to. Below is a quick summary of each.
If you or a loved one has been charged with a DUI while driving in Mississippi, contact the experienced criminal defense attorneys at ‘Maggio|Thompson to set up a consultation.
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