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What Happens with a First Offence DUI in Mississippi?

Learn what happens with a first offence DUI in Mississippi by one of the best DUI lawyers in the state: Vic Carmody. He explains all the intricacies of what happens with a first offence DUI in Mississippi.
What Happens With A First Offence DUI in Mississippi

By: Vic Carmody, co-author of Mississippi’s leading Law Book about Defense of DUI Cases

It is important to understand MS DUI law and the possible consequences after a DUI charge in Mississippi. Securing a competent DUI-DWI attorney quickly becomes vital in effectively steering through these treacherous judicial seas and obtaining an explanation of Mississippi’s DUI laws.

First Offence DUI in Mississippi

Mississippi DUI Law Book by Vic Carmody Covering What Happens with a First Offense DUI in Mississippi

Every client is concerned about their risk of Mississippi DUI first offence jail time. That is why it is important to talk to legal professionals. They have a proven track record for helping people beat a DUI in Mississippi.

If the court reduces, drops, or dismisses the first D.U.I., our drunk driving attorneys do not need to discuss our State’s good law. This law helps expunge DUI arrests in Mississippi and lawmakers enacted it about ten years ago.

Decisions made right after an arrest for driving under the influence hold great importance. These “choices” will often impact how your case goes.

If you want to win, hiring a DUI lawyer near you is important. Look for one with a strong record of success. Choose a lawyer who has helped clients avoid D.U.I. convictions in the past. This is your best chance for a good outcome.

How Mississippi DUI Law Changes Now Allow More Good Case Outcomes

If a court convicts you, these choices will impact the punishments and criminal record you may face. In the past ten years, there have been many changes to Mississippi DUI law. Most of these changes help people facing their first DUI offence.

The Legislative efforts began with enacting the Mississippi DUI expungement law in 2014, making this the State’s first law expunging DUI arrests in MS. This law allowed most first offenders in MS to seek expunction after successful completion of all probation conditions and the passage of 5 full years.

Following a DUI arrest, a DUI procedure in Mississippi starts. After your arrest on the highway, you will usually go to the place for breath alcohol testing or blood collection. This is for drugs or alcohol.

An Immediate Consequence of A First DUI Arrest

Here, they will inform you that refusing to take this State-administered test will suspend your right to drive for 90 days or (for a 2nd DUI) a full year.

Waiting for a court date for the criminal law case will not delay the administrative law suspension of a driver’s license. This requirement for a breath, blood, or urine test is a civil matter under Mississippi’s implied consent law.

Call Now For A DUI Lawyer in Mississippi Near You

Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Mississippi near you! Drunk Driving Defense has some of the most successful and highest-rated DUI attorneys in Mississippi on our roster that can help you beat a first offence DUI in Mississippi.

Mississippi DUI Laws: Consequences of a First Offence DUI in MS

Particularly for a first offender, these immediate 1st DUI penalties in Mississippi shock the first offence DUI offender. For many, the first DUI consequence of losing the ability to drive is often the most damaging part of 1st offence Mississippi DUI arrest.

What Happens With A 1st Offence DUI in Mississippi

Those who see and comprehend this impact on their lives should know these 3 things:

  1. You only have 10 days after arrest in which to file the necessary paperwork to hold off this painful suspension, so contact expert legal counsel now
  2. For some, a non-adjudicated DUI in MS may be an option that needs to be discussed immediately, unless your refusal makes you not eligible for non-adjudication.
  3. For each client, your case facts will be UNIQUE in many ways, meaning that (after our lawyers for DUI near me review your full case facts) our legal professionals know how to use Mississippi law to (a) fight the DUI and win, or (b) avoid DUI first offence MS jail time.

In Mississippi, if a driver gets arrested for any DUI offence and refuses to allow breath alcohol or blood alcohol testing, the state imposes specific consequences under its implied consent laws. These laws stipulate that by driving in Mississippi, drivers have implicitly agreed to submit to chemical testing if law enforcement suspects them of driving under the influence. To read the provisions of Section 63-11-5 – Implied consent to chemical tests, click on this link.

Below Are the Usual Consequences for an Arrested DUI Driver Refusing a Breath or Blood Alcohol Test

A. License Suspension: Refusing to take the test results in an automatic suspension of the driver’s license. For a first offence, this suspension lasts for 90 days. For a subsequent offence, (e.g., a 2nd DUI in Mississippi) the loss of all driving privileges is 1 year. Consulting with a DUI attorney is advisable to navigate these legal challenges effectively.

B. Trial Impact. The prosecutor can use this driver’s refusal to allow testing as evidence at your trial to suggest “consciousness of guilt.” By this statement, we mean that the Prosecutor may argue that the person’s refusal to submit to post-arrest testing indicates the driver knew they were likely impaired.

C. Missing the 10-Day Appeal Deadline. You can have a hearing opportunity before an administrative law judge if acted upon within TEN 10 days after arrest: The driver has the right to contest the administrative license suspension by making a written request for a hearing within ten days of receiving the suspension notice.

D. Hardship License: In some cases, drivers may apply for a hardship license, which allows limited driving privileges during the suspension period. Most will need to have completed the Mississippi alcohol safety education program (MASEP) to get re-licensed.

It’s important to note that these penalties or “requirements” are separate from any consequences resulting from a Mississippi DUI conviction itself. Therefore, even without test results, drivers can still be prosecuted for DUI based on other evidence such as field sobriety tests or officer observations.

Overview of this MS DUI Law Information

Mississippi considers a first DUI offence a misdemeanor, meaning you might have to serve up to forty-eight hours in jail. The Mississippi statute also promotes traffic safety by allowing the judge to order the offender to attend DUI school rather than be jailed.

Immediate consequences of DUI convictions include license suspension (30 to 90 days), financial penalties ($250 to $1,000), and potential ignition interlock device requirements.

In addition to the standard penalties, the Mississippi DUI law also provides alternative sentencing options, such as probation and non-adjudication programs. These alternatives aim to give first-time offenders the opportunity to undergo rehabilitation and avoid a permanent conviction.

Mississippi DUI Attorney Vic Carmody

For any commercial drivers facing a DUI whose license is a CMV (commercial motor vehicle license) special, harsher consequences will follow as it pertains to allowing you to operate a commercial motor vehicle. For example, if the driver has an implied consent refusal, that CDL holder is banned for one full year from operating a commercial rig of any type. This rule applies regardless of whether that driver who refused was in a private vehicle, on a motorcycle or behind the wheel of an 18-wheeler when arrested for DUI in Mississippi.

More Resources On What Happens For A 1st Offence DUI in Mississippi

If you’ve been arrested for a first offence DUI in Mississippi, we have listings for the best DUI attorneys in Mississippi. These top-rated DUI attorneys can provide you with the best possible DUI defense strategies in Mississippi.

Look at some of our listing pages below, and you can fill out our confidential contact form anytime 24/7. Also, you can call 1-888-839-4384 anytime to schedule a free consultation.