Non-Adjudicated DUI in Mississippi
Concerned about the jail time for a DUI first offense in Mississippi? If convicted, a person could spend 48 hours in jail. This is important to know about DUI first offense jail time in Mississippi. This article substantially covers an explanation of Mississippi’s DUI laws.
However, a 1st offender’s worry about Mississippi DUI first offense jail time is not the most pressing problem under Mississippi laws. Anyone who faces a DUI in the Magnolia State needs to be concerned about meeting the 10-day deadline (after the arrest date) for filing her or his implied consent appeal, to protect driving privileges.
This article will break down what other penalties you face, if charged with DUI in MS, including immediate consequences, alternative sentencing options, and the long-term impacts. In the prior 10 years, though, Mississippi DUI law changes relating to a 1st DUI penalties Mississippi have been among the nation’s most progressive, for those who can avoid convictions for future Mississippi DUI arrests (or in other states).
To be eligible for non-adjudication, or a DUI expungement in Mississippi, the person with a DUI-DWI first offense cannot have a subsequent offense in any state. Plus, the successful completion of all terms and conditions of that first offense DUI in Mississippi is a pre-requisite of the State law expunging a DUI arrest in MS.
To be eligible for a future Mississippi DUI expungement that person cannot have another DUI arrest and conviction in any state. So, whether a conviction of a 2nd DUI in Mississippi, Louisiana, Alabama, Arkansas or Tennessee, any such repeat DUI offenses would disqualify that offender from obtaining expunction in MS.
How to Avoid a DUI Conviction in Mississippi
Taking immediate action is crucial to avoid a DUI conviction. This starts with retaining legal counsel to help you file the needed implied consent “appeal” within 10 DAYS OF YOUR ARREST!
Hiring a skilled DUI attorney in Mississippi is your very best strategy to navigating your case through the judicial system and achieving good results. Experienced and well-trained lawyers in MS know how to beat a DUI in Mississippi.
A DUI lawyer with many years of experience can give you advice and challenge the evidence against you. They can also represent you during negotiations. However, keep in mind that commercial drivers with a CDL cannot use this expunction law if they have a drunk driving conviction.
If the police pull you over, do not admit guilt. Stay silent and do not take any roadside “field sobriety tests.” If you do, the officer may use this as the main evidence against you. Remember, these pre-arrest tests are optional and can be used against you in court.
In Mississippi, if a driver who was lawfully arrested for D.U.I. refuses to take the post-arrest implied consent test of breath or blood, the minimum driver’s license suspension period is 90 days, provided the driver has no prior DUI convictions. If a prior conviction (from any state) shows up and this is a second refusal, the suspension is for one year.
Your statements can be used as evidence and may hurt your defense. It is important to stay calm and speak politely with officers. Be concise in your answers. Sharing too much information could hurt your chances of challenging the charges later.
Knowing your MS D.U.I. legal rights and making informed choices is very important for your situation. Avoiding a DUI conviction helps protect your legal record. It also prevents personal problems and financial issues that often come with such criminal charges.
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.
Overview of the DUI Procedure Mississippi
MS DUI laws aim to stop and punish driving under the influence of alcohol or drugs. These laws are found in the Mississippi Code, specifically MS Code § 63-11-30 (2023). They cover many parts of DUI, such as definitions, penalties, and testing procedures.
In Mississippi, a person can be charged with DUI for driving under the influence of alcohol or drugs. The state has a per se law. This means that if a person’s blood alcohol concentration (BAC) is 0.08% or higher, they can be convicted of DUI. This rule applies even if they do not seem impaired.
The state has a clear law. This means a person can be convicted of DUI if their blood alcohol level (BAC) is 0.08% or higher. This rule applies even if they do not appear impaired.
The penalties for DUI convictions in Mississippi vary based on past offenses and the incident’s details. For a first-time offender, penalties can include a fine between $250 and $1,000.
The person may also face up to 48 hours in jail and a 120-day license suspension. Repeat offenders face tougher penalties. The list of consequences includes higher fines, mandatory longer jail time, and longer driver license suspensions.
Mississippi DUI laws also require offenders to take part in certain programs. The Mississippi Alcohol Safety Education Program is the key starting point. This is our State’s DUI school or DUI classes.
They may need to attend alcohol safety education classes. Offenders might also be required to attend a victim impact panel session or two.
The Client may need to install ignition interlock devices in their car. These devices help teach offenders about the dangers of impaired driving. They also aim to stop future offenses.
Consequences of Refusing a DUI Test
In Mississippi, if you are arrested for DUI, refusing a DUI test can have serious consequences. Under Mississippi’s implied consent law, drivers agree to a DUI test when they are lawfully arrested. If you refuse to take a breath or blood test, you may face immediate and serious penalties.
If you refuse a DUI test for the first time, you will get a 90-day license suspension. A second refusal can lead to a 1-year total license suspension. These suspensions are separate from any penalties for a DUI conviction.
Moreover, refusing a DUI test can be used as evidence against the individual in court, potentially leading to more severe penalties. For instance, a person who refuses a test and is subsequently convicted of DUI may face fines ranging from $1,000 to $2,000 and up to 1 year in jail.
In some cases, individuals who refuse a DUI test may also be required to install an ignition interlock device in their vehicle. This device requires the driver to blow into a breathalyzer before starting the vehicle, preventing it from starting if alcohol is detected. The costs for installation and maintenance of the device are the responsibility of the offender.
Overall, the consequences of refusing a DUI test in Mississippi are designed to encourage compliance with testing procedures and ensure that impaired drivers are held accountable for their actions.
Why Not Call the Lawyers Who Co-Author the Leading Book on MS DUI Defense?
When one call gets you top rated DUI attorneys near me, for fighting your DUI case, why not dial us immediately for your FREE lawyer consultation? Our lawyers cover the entire state and have litigated DWI vs DUI cases in over a dozen other states.
By simply calling our nationwide toll-free number or filling out our request for a callback form, you can get started on obtaining your optimal, best outcome in your DUI prosecution. Most clients need a legal fee payment plan, and we offer that service, too. Dial us 24 hours a day at 1-888-8DWIDUI or 1-888-839-4384.
More Resources for Non-Adjudicated DUI in Mississippi
If you’d like to learn more about non-adjudicated DUI in Mississippi and how to beat an MS DUI charge, read some of our informative articles below. We also have listings for DUI lawyers all across the state of Mississippi.
