What are the penalties for DUI in Mississippi?

Mississippi’s current Implied Consent statute declares it illegal for any person to operate a motor vehicle who is under the influence of liquor or other substance that impairs his or her driving ability.  The law defines intoxication as a blood alcohol concentration level of .08% for adults, .04% for commercial drivers, and .02% for minors (under 21 years of age).

A chemical test of breath, blood or urine determines proof of intoxication.  A driver may refuse to submit to such a test but may face stiffer penalties if found guilty.

Currently, DUI convictions remain on your driver’s license record for five (5) years.  It will never leave your criminal record and cannot be expunged.  If you are stopped for any minor traffic offense during this period and the officer calls in for verification of your license, the dispatcher will relate to the officer that you have had a previous DUI conviction.  The officer will then make sure that you a) have a valid license (not suspended) and b) are not presently drinking.

DUI PENALTIES (21 and over)

First Offense

  •                  Fine $250-$1,000 and court costs
  •                  Forty-Eight (48) hours in jail
  •                  License suspension for minimum of ninety (90) days
  •                  Attend alcohol education safety program

Second Offense (within 5 years)

  •                   Fine $600-$1,500 and court costs
  •                   Five (5) days to one (1) year in jail and ten (10) days to one (1) year in community service
  •                   License suspension for two (2) years

Third Offense (within 5 years)

  •                   Fine $2,000-$5,000
  •                   One (1) to five (5) years at the State Penitentiary
  •                   License suspension for five (5) years
  •                   Automobile seizure and sale with proceeds to the State
  •                   Felony conviction – loss of civil rights – loss of careers

DUI PENALTIES (MINORS UNDER 21)

Zero Tolerance for Minors (Under 21)
  •       .02% Blood Alcohol Concentration to .08%
  •      Over .08%, you are treated like an adult
First Offense
  •                   Fine $250.00
  •                   License suspended 90 days (thirty days if no breath test refusal)
  •                   May be non-adjudicated at court’s discretion
Second Offense (within 5 years)
  •                   Fine $500.00
  •                   License suspension for one (1) year (reduction to six (6) months after certified alcohol/drug program)
Third Offense (within 5 years)
  •                   Fine $1,000.00
  •                   License suspension for two (2) years or until age 21 (whichever is longer)
  •                   Completion of certified alcohol/drug program

Any person under the legal age to obtain a driver’s license who is convicted of DUI shall not be able to receive a driver’s license until they reach the age of 18.

HARDSHIP LICENSE

If you are found guilty of DUI, you may be eligible to shorten the time of the license suspension.  For instance, first offenders who do not refuse the breath test can often seek a reduction of the suspension of driving privileges after thirty (30) days have elapsed from the effective date of the suspension when a medical, work or education hardship can be demonstrated to the Court.  If you meet the requirements, Holcomb Law Group’s criminal defense team can guide you through this process.

If you have been arrested for DUI, or would like to discuss the possibility of a hardship license, please contact us at (662) 234-8775 to discuss your case with a member of our criminal defense team.  You may also email  Russ McNees at [email protected].