Mississippi DUI: Don’t Get Hammered by the Law

Mar 16 2018

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 DUI Penalties

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.

  • DUI First: fine between $250-$1,000.00, possible jail time up to 48 hours, Alcohol Safety Education Course (MASEP Course). A DUI first also has the possibility of non-adjudication which means that certain circumstances may allow the charged individual to plead guilty and enter a program that keeps the individual’s driving record clean and have the DUI expunged after five years. The two most important requirements of a non-adjudication are that the individual can not have ever had a previous DUI conviction anywhere in the country, and the individual’s BAC had to be under .16%, which is two times the legal limit. Additionally, your first DUI trial will take place in either a Justice Court or Municipal Court.
  • DUI Second: A second DUI offense in Mississippi within five years of the first charge can result in a misdemeanor, fine between $600.00-$1,500.00, jail time of 5-6 days, and community service of 10 days – 6 months.
  • DUI Third: A third DUI in 5 years is considered a felony, and the individual will be subject to a fine of $2,000-5,000, 1-5 years custody under Mississippi Department of Corrections.
  • DUI Fourth: Regardless of time or place, an individual getting his or her fourth DUI while in Mississippi is guilty of a felony and will be fined between $3,000-10,000 and serve 2-10 years under custody of MDOC.

 Contact the DUI Defense Attorneys at ‘Maggio|Thompson Today!

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.

Free Consultation

Contact Us - Sidebar
The use of this form for communication with the firm or any individual member does not establish an attorney client relationship. Confidential information should not be sent through this form.

© 2019 Maggio Thompson | Personal Injury Attorneys