DUI & DWI in Mississippi
Mississippi has 82 counties; if you've been arrested for drunk driving on the roadways of any of these 82 counties, you need to consult with a Mississippi DUI attorney. Legally, you can go it alone; in practicality, that's simply not a good idea.
If you are facing DUI charges, this article was written for you. Here's a rundown of what we'll cover:
- Mississippi DUI Laws
- Mississippi DUI Punishments
- Potential DUI Defenses
- Mississippi's Other Drunk Driving and Alcohol Laws
- How to Find a Mississippi DUI Attorney
When is a Driver Considered to be Legally Drunk in Mississippi?
The Mississippi Code of 1972 contains Mississippi's drunk driving laws. We're providing a summary of blood alcohol content (BAC) rules. If you have a high BAC (as listed immediately below) you will be arrested for drunk driving. Keep in mind that you can be arrested even if your BAC is lower than the limits listed - if your driving is impaired.
- Most drivers- BAC is .08 or higher.
- Commercial drivers- BAC is .04 or higher.
- Under 21 drivers- BAC is .02 or higher.
What is Mississippi's Punishment for DUI Convictions?
- 1st Offense - up to 48 hours of jail time+ 5 to 25 years in jail for each serious injury or death - fines of $250 to $1,000 - driver's license suspension for 90 days to 1 year - loss of commercial license.
- 2nd Offense within 5 years - between 5 days and 1 year of jail time + 5 to 25 years in jail for each serious injury or death - fines of $600 to $1,500 - community service for 10 days to 1 year - driver's license suspension for 2 years - loss of commercial license - vehicle impoundment - ignition interlock - alcohol assessment and treatment.
- 3rd Offense within 5 years - between 1 and 5 years of jail time + 5 to 25 years in jail time for each serious injury or death - fines of $2,000 to $5,000 - driver's license suspension for 5 years - loss of commercial license - vehicle impoundment and/or forfeiture - ignition interlock - alcohol assessment and treatment.
Mississippi Drunk Driving Defenses
If mistakes were made in your traffic stop, BAC testing, arrest, or trial, the drunk driving charges may be dropped or reduced. Your Mississippi DUI attorney will analyze the evidence to determine your best and strongest defenses.
Here are example DUI defenses:
- The officer lacked probable cause to stop you or the roadblock was not conducted properly.
- You were not read your rights and statements you made after your arrest are being used against you.
- There was a BAC testing or reporting error.
- The judge admitted inappropriate information into evidence or gave the jury the wrong instructions.
Mississippi's Other Drunk Driving and Alcohol Laws
Mississippi's Providing Alcohol to Underage Persons Law
Providing alcohol to an individual who is under the age of 21 violates Mississippi law and is punishable by a fine of $500 to $1,000. If you are convicted of this crime more than once, you could go to jail for up to 1 year and pay a fine of $1,000 to $2,000.
Mississippi's Providing Alcohol to a Visibly Intoxicated Person
Providing alcohol to an individual who is visibly intoxicated violates Mississippi law and is punishable by a fine of up to $500 and jail time of up to 6 months.
How to Find a Mississippi DUI Attorney
Facing the criminal justice system alone is not a good choice; instead, work with a lawyer. To find a Mississippi DUI attorney, search our website, www.attorneys.org, or ask friends or the bar association for a referral.