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4th DUI in Mississippi: What You Need to Know

A 4th DUI in Mississippi is a serious offense with life-altering consequences. Unlike first-time or even second- and third-time offenses, a fourth DUI conviction is classified as a felony DUI in Mississippi, leading to severe penalties, including mandatory prison time, hefty fines, and long-term impacts on your record and personal freedoms. Understanding the legal ramifications and available defense strategies is critical. If you are facing a fourth DUI charge, consulting an experienced Mississippi DUI lawyer is essential to protect your rights and explore potential defense options.

What Happens on a 4th DUI in Mississippi?

A 4th DUI in Mississippi is considered a felony DUI in Mississippi, regardless of how much time has passed between previous DUI offenses. Under Mississippi DUI laws, a fourth offense means that you have been convicted of DUI at least three times before, making this charge significantly more severe than prior misdemeanor DUI charges.

Once convicted, you face mandatory imprisonment and other penalties that can permanently impact your driving privileges, employment prospects, and financial stability.

Unlike first and second offenses, where penalties may include fines, community service, or DUI education programs, a fourth DUI charge results in an automatic felony classification.

What Happens on a 4th DUI in Mississippi?

How Many DUIs is a Felony in Mississippi?

So how many DUIs is a felony in Mississippi? Under Mississippi law, a fourth DUI conviction is the threshold for felony DUI Mississippi status. The first three DUI offenses within a five-year period are considered misdemeanors. However, is a 4th DUI a felony in Mississippi? Absolutely. Once you reach the fourth conviction, it does not matter how much time has elapsed between offenses—it is classified as a felony DUI in Mississippi permanently.

This means that even if your prior offenses occurred more than five years ago, the fourth DUI charge will not be eligible for reduction to a misdemeanor.

What Are the Penalties for a 4th Offense DUI in Mississippi?

A 4th DUI in Mississippi carries mandatory felony penalties, including:

What Are The Penalties for a 4th DUI in Mississippi?
  • Prison Sentence: A minimum of two years to ten years in the Mississippi Department of Corrections.
  • Fines: Between $3,000 and $10,000.
  • License Suspension: Revocation of your driver’s license without eligibility for hardship reinstatement.
  • Ignition Interlock Device (IID): If you ever regain driving privileges, you must install an ignition interlock device at your own expense.
  • Vehicle Forfeiture: The state may seize and auction off your vehicle.

Additionally, a fourth DUI conviction results in a felony record, which can restrict employment opportunities, voting rights, and firearm possession.

What is the Most Common Sentence for a 4th DUI in Mississippi?

The most common sentence for a 4th DUI in Mississippi includes the following mandatory penalties, as outlined in Mississippi Code Ann. § 63-11-30:

  • Felony Conviction: A fourth DUI offense is a felony DUI in Mississippi, regardless of the time elapsed since prior convictions.
  • Prison Sentence: Between two (2) and ten (10) years in prison.
  • Fines: Between $3,000 and $10,000.
  • License Revocation: Permanent loss of driving privileges.

Unlike first or second DUI offenses, which may allow for alternative sentencing like non-adjudication or probation, a 4th DUI conviction in Mississippi results in mandatory incarceration and cannot be expunged or reduced to a misdemeanor.

If you are facing a 4th DUI charge, seeking immediate legal representation from an experienced Mississippi DUI lawyer is critical to exploring potential defense strategies.

How Long Do You Stay in Jail for a 4th DUI in Mississippi?

For a 4th DUI in Mississippi, the mandatory prison sentence is between two (2) and ten (10) years in a Mississippi prison. This sentencing range is outlined in Mississippi Code § 63-11-30, which classifies a fourth DUI offense as a felony DUI in Mississippi.

Unlike misdemeanor DUI offenses, a fourth DUI conviction carries mandatory incarceration with no eligibility for suspended sentencing or alternative programs like probation. The specific length of imprisonment depends on factors such as prior DUI history, aggravating circumstances (e.g., causing injury or death), and judicial discretion.

Because a 4th DUI in Mississippi results in severe penalties, including long-term imprisonment, it is critical to consult with a Mississippi DUI lawyer to explore possible defense strategies and legal options.

How Long Do You Stay In Jail For A 4th DUI in Mississippi?

What is Aggravated DUI in Mississippi?

An aggravated DUI charge in Mississippi applies when a DUI offense results in serious injury or death to another person. Unlike a standard DUI, which focuses on impairment levels, an aggravated DUI involves additional harm, significantly increasing penalties. A general overview of the penalties for an aggravated DUI in Mississippi include:

  • Prison Sentence: Five to 25 years per injured or deceased victim
  • Fines: Higher fines, often exceeding $10,000
  • Permanent License Revocation
  • Felony Record

If convicted, aggravated DUI charges carry some of the harshest aggravated DUI penalties under Mississippi law. Prosecutors aggressively pursue aggravated DUI cases, making it critical to have strong legal representation.

Can a 4th DUI Be Dismissed in Mississippi?

Dismissal of a 4th DUI in Mississippi is rare but not impossible. Under the Mississippi DUI statute, a case may be dismissed or charges reduced if there is:

  • Insufficient Evidence: Lack of probable cause for the traffic stop or unreliable breathalyzer results
  • Improper Police Procedure: Violations of constitutional rights or procedural errors
  • Faulty Sobriety Tests: Breathalyzer or field sobriety test inaccuracies

Can a 4th DUI Be Expunged in Mississippi?

Mississippi law does not allow the expungement of a 4th DUI in Mississippi. Unlike some misdemeanors or first-time offenses, which may be eligible for expungement after a period of good behavior, felony DUI Mississippi convictions remain on your record permanently. This means a fourth DUI conviction will always appear on background checks, potentially impacting employment, housing, and professional licenses.

Because Mississippi does not offer expungement for felony DUIs, it is crucial to explore every legal defense available before conviction.

How to Beat a 4th DUI in Mississippi

How To Beat A 4th DUI in Mississippi

A skilled DUI defense lawyer can examine police reports, challenge evidence, and negotiate plea deals to minimize penalties.

Potential DUI defense strategies in Mississippi include:

  1. Challenging the legality of the traffic stop
  2. Questioning the accuracy of breathalyzer tests
  3. Arguing medical conditions that may have influenced test results
  4. Reviewing officer misconduct

While difficult, beating a fourth DUI charge is not impossible with the right legal defense.

Get Help Beating A 4th DUI Charge in Mississippi Today!

A 4th DUI in Mississippi carries life-changing consequences, including felony charges, mandatory prison time, and permanent loss of driving privileges. Mississippi law is unforgiving when it comes to repeat DUI offenders, making it imperative to secure experienced legal representation immediately.

If you or a loved one is facing a 4th DUI charge, contacting a Mississippi DUI lawyer could be your best chance at reducing penalties, fighting the charges, or exploring legal options for defense.

Don’t wait! Seek legal counsel to protect your future. Call 1-888-839-4384 or fill out our free case evaluation form to get in touch with a top-rated Mississippi DUI lawyer near you today!

Get Help Beating A 4th DUI Charge in Mississippi Today!

More Mississippi DUI Resources

If you’d like to learn more about how to beat a 4th DUI in Mississippi or other DUI charges, read some of our helpful articles below. We explore all the different aspects of Mississippi DUI charges and DUI law.