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Mississippi DUI Laws

Mississippi has strict DUI laws to prevent impaired driving and ensure public safety. The state’s DUI laws outline specific BAC limits, testing requirements, penalties for violations, and aggravating circumstances that can lead to harsher punishments. Here’s an in-depth explanation of these laws and the associated penalties.

Mississippi DUI laws consider DUI a very serious penalty in the state. If you’ve been charged with a DUI in Mississippi it is imperative that you find a top-rated DUI lawyer in Mississippi to protect your rights. To avoid a conviction, it is also important to understand the laws surrounding DUI arrests in the state.

A Mississippi DUI conviction can result in severe consequences, including fines, license suspension, and even jail time. We will explore the rate of DUI arrests in Mississippi over the past few years and how hiring a Mississippi DUI lawyer can help you beat a DUI charge.

Key Provisions of Mississippi DUI Law

Mississippi DUI laws are designed to deter impaired driving with a combination of fines, jail time, license suspensions, and mandatory education or treatment programs. The penalties escalate with each offense and can include severe consequences for those who cause harm while driving under the influence.

Blood Alcohol Concentration (BAC) Limits

Blood alcohol concentration is a measure of how intoxicated someone is at any given moment. The Mississippi BAC limits are:

  • For Drivers Aged 21 and Over: The legal limit is a BAC of 0.08% or higher.
  • For Commercial Drivers: A stricter limit of 0.04% BAC applies to those operating commercial vehicles.
  • For Drivers Under 21 (Zero Tolerance Law): The BAC limit is 0.02% or higher, meaning even a small amount of alcohol can lead to a DUI charge for underage drivers.
Official Flag of the State of Mississippi

Mississippi’s Implied Consent Law

Under Mississippi’s implied consent law, by obtaining a driver’s license, you automatically agree to submit to a breath, blood, or urine test if a law enforcement officer suspects you of driving under the influence.

Refusal to Submit to Testing: Refusing to take a chemical test results in an automatic license suspension, regardless of the actual BAC level:

  • First Offense: 90-day license suspension.
  • Subsequent Offenses: One-year suspension for each refusal.

DUI for Controlled Substances

Mississippi DUI laws also apply to driving under the influence of drugs, including illegal substances (like marijuana or cocaine) and prescription medications that impair driving ability. Officers can request a chemical test to detect the presence of drugs in the driver’s system.

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 _Mississippinear you! Drunk Driving Defense has some of the most successful and highest-rated experts on Mississippi DUI law on our roster.

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Penalties for DUI in Mississippi

Under Mississippi DUI law, the penalties for a DUI in the state vary depending on the number of prior offenses and the specific circumstances of each case. Penalties become more severe with each subsequent offense within a 5-year lookback period.

DUI Laws in Mississippi

1. First DUI Offense (Misdemeanor)

  • Fines: $250 to $1,000
  • License Suspension: 90 days (may be eligible for a restricted license after 30 days)
  • Jail Time: Up to 48 hours (can sometimes be substituted with attendance at a victim impact panel or alcohol education program)
  • Ignition Interlock Device: Required for certain drivers to regain restricted driving privileges

2. Second DUI Offense (Misdemeanor)

A 2nd offense DUI in Mississippi is usually still classified as a misdemeanor, although the penalties do begin to increase.

  • Fines: $600 to $1,500
  • License Suspension: Two years
  • Jail Time: Five days to six months
  • Community Service: 10 days to six months
  • Ignition Interlock Device: Required for all offenders once driving privileges are restored

3. Third DUI Offense (Felony)

  • Fines: $2,000 to $5,000
  • License Suspension: Five years
  • Jail Time: One to five years in state prison
  • Seizure of Vehicle: Possible forfeiture of the vehicle used in the DUI offense
  • Ignition Interlock Device: Required upon restoration of driving privileges

Aggravating Factors Leading to Enhanced Penalties

Certain circumstances can result in more severe penalties for DUI offenses in Mississippi:

  • High BAC Levels: A BAC of 0.15% or higher can lead to harsher penalties even for a first-time offender.
  • DUI with a Child Passenger: If a person is caught driving under the influence with a child under 16 in the vehicle, additional charges of child endangerment may apply.
  • Causing Injury or Death: If a DUI incident results in injury or death, the driver can face felony charges, significantly higher fines, and longer prison sentences (vehicular manslaughter or aggravated DUI).

Additional Consequences of a DUI Conviction in Mississippi

  • Driver’s License Reinstatement Requirements: Offenders must complete a state-approved alcohol safety education program and possibly undergo a substance abuse evaluation before their driving privileges can be reinstated. They must install an ignition interlock device on their vehicle, which requires a breath test to operate the car.
  • Impact on Insurance Rates: A DUI conviction typically leads to significantly higher auto insurance premiums due to the increased risk profile of the driver.
  • Criminal Record: DUI convictions in Mississippi are permanent and cannot be expunged, which can affect employment opportunities, professional licensing, and housing options.

DUI Arrests in Mississippi

According to the Mississippi Office of Highway Safety, there were 6,665 DUI arrests in Mississippi in 2021. This marks an increase from the 5,552 DUI arrests made in 2019. Mississippi’s DUI arrest rates have risen consistently over the past few years. The Mississippi Department of Public Safety reported a steady 5% year-on-year increase in DUI arrests from 2019 to 2023.

This upward trend reflects the state’s rigorous enforcement efforts, with stricter laws and enhanced roadside checks aimed at curbing drunk driving. The majority of DUI arrests in Mississippi occur in Hinds County, followed by Harrison and DeSoto Counties.

DUI Arrests in Mississippi - Mississippi DUI Law

Do You Need A Mississippi DUI Lawyer?

If you’ve been charged with a DUI in Mississippi, getting a legal professional who is well-versed in Mississippi DUI law is essential. An experienced DUI attorney can provide you with the best possible Mississippi DUI defense strategy so that you can protect your rights and beat a DUI charge.

Drunk Driving Defense has a directory of lawyers in Mississippi who are ready and able to help you protect your rights. You can call 1-888-839-4384 or fill out our confidential intake form. Either way, we will connect you with the best lawyer for your specific situation.

More Mississippi DUI Law Resources

If you’d like to learn more about DUI laws in Mississippi, we have several pages that explore all different aspects of Mississippi DUI law below.