Wondering what the first offense DUI penalties in Mississippi are? What’s the possible jail time for a first offense DUI in Mississippi that could be court-ordered, for example?
First Offense DUI Penalties in Mississippi
By: Kevin Stewart, Legal Book Co-Author on the State’s Leading Law Book on MS DUI Laws
Mississippi DUI arrests of GOOD PEOPLE are made every day and night, so this information will be highly valuable. Many arrestees who are first offenders are so depressed that they sometimes WORSEN their situation by not getting legal advice immediately, due to the potential loss of all driving privileges under Mississippi implied consent law, as found in Mississippi Code Sections 63-11-30 and 63-11-5.
About a decade ago, major Mississippi DUI law changes were passed by the Mississippi Legislature. These guidelines updated and tightened certain outdated statutes. These updates follow the major changes a decade earlier providing Mississippi DUI expungement to first offenders in Mississippi.
This guide explains the fines, jail time, and license suspension you should know about. Understanding these 1st DUI penalties in Mississippi will help you deal with the state’s strict DUI laws. All arrestees need to know about their rights to an administrative hearing at an implied consent hearing when your BAC after arrest was over the legal limit, or if you are charged with refusing to submit to post-arrest testing.
It is important for all drivers to understand Mississippi’s DUI laws and penalties. The state has strict rules to fight driving under the influence. These rules were enacted to keep the driving public (and pedestrians) safe and stop dangerous driving behaviors on Mississippi’s roads.
An Overview of DUI Laws in the State of Mississippi
In Mississippi, driving under the influence (DUI) is criminalized under Mississippi Code Section 63-11-30. This criminal law statute outlines the conditions under which a person can be charged with DUI, by alcohol, drugs or other controlled substances.
Let’s look at the consequences you may face under Mississippi DUI laws. These penalties apply, if convicted, whether you need a DUI attorney from Horn Lake MS, or the best DUI lawyer in Starkville MS.
In 2014, Mississippi implemented significant changes to its DUI laws, which took effect on October 1st of that year. These changes aimed to strengthen the state’s approach to handling DUI offenses and introduced several new provisions:
- Blood Alcohol Concentration Limits: The legal blood alcohol concentration (BAC) limits were set at 0.08 grams % for adults, 0.02 grams % for minors, and 0.04 grams percent for commercial drivers who are operating their big rig vehicles. It is illegal to operate a vehicle if the driver is under the influence of intoxicating substances or exceeds these BAC limits. The statute also details the penalties for DUI offenses, which vary based on the number of offenses and the presence of any aggravating factors. These “factors” can be by causing a death or injury or having a minor in the vehicle.
- Ignition Interlock Device (IID): One of the notable changes was the increased use of ignition interlock devices. Offenders are required to install these devices in their vehicles, which prevent the car from starting if the driver has a BAC above a certain level. This requirement applies to first-time offenders who wish to continue driving during their license suspension period.
- Non-Adjudication and Expungement: The law introduced the possibility of non-adjudication for first-time offenders, meaning the court can withhold a judgment of guilt if the offender completes certain conditions, such as attending an alcohol safety education program and installing an IID. This is a one-time opportunity, and successful completion can lead to the expungement of the offense from the offender’s record.
- License Suspension and Restricted Licenses: For a first offense DUI in Mississippi, the offender’s driver’s license is suspended for 90 days. However, if the offender installs an IID, they can obtain an interlock-restricted license, allowing them to drive during the driver’s license suspension period.
- Penalties for Repeat Offenses: Penalties increase with subsequent offenses. A second offense results in a one-year license suspension, while a third offense requires the offender to use an IID for three years following their release. Repeat offenders must also undergo an in-depth diagnostic assessment and complete treatment if necessary.
These changes aimed to reduce DUI-related incidents by imposing stricter penalties and providing mechanisms for rehabilitation and monitoring a person using technology like ignition interlock devices. For those convicted of DUI in MS and on probation, other phone-based or cloud-based alcohol testing devices may also be required for monitoring for alcohol.
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 that can help you fight first offense DUI penalties in Mississippi on our roster.
Why Not Call the MS DUI Lawyers Who Wrote the BOOK?
This website page is provided by the Mississippi lawyers who co-author the Magnolia State’s leading legal treatise on DEFENDING impaired driving cases. Why not get a FREE lawyer consultation with a Partner at the law firm that WROTE THE BOOK on MS DUI?
Few law firms in the Magnolia State are staffed and trained to handle impaired driving cases across the state. Our Firm in Jackson, Mississippi can provide a Hinds County MS best DUI lawyer, as well as a Pascagoula MS DUI attorney for Jackson County MS cases, or a skilled intoxicated driving litigator for your DeSoto County DUI attorney in Hernando MS, or any city or county north Mississippi DUI lawyer, near the Alabama, Tennessee or Arkansas state lines.
First Offense DUI Penalties in Mississippi: What Drivers Need to Know
In the State of Mississippi, operating a vehicle while impaired due to alcohol, drugs, or any intoxicating substance is classified as driving under the influence. The permissible blood alcohol concentration (BAC) thresholds are established at 0.08% for adult drivers, 0.04% for those holding commercial licenses, and an especially strict 0.02% for underage motorists.
These limits are enforced to ensure that drivers remain alert and in command of their vehicles to lower the potential for accidents. Additionally, operating a commercial motor vehicle with a BAC of 0.04% or higher can lead to severe penalties, including felony charges and specific suspension periods for CDL holders.
The repercussions for committing a first DUI offense in Mississippi can be quite harsh. They typically encompass monetary penalties ranging from $250 up to $1,000 and could also include incarceration time not exceeding 48 hours.
It’s common practice following a first DUI conviction to enforce an obligatory suspension of one’s driver’s license lasting up until a year—a sanction which could profoundly affect one’s mobility as well as daily life activities—highlighting how seriously this infraction is regarded within the state.
Understanding what comes with being convicted of your initial DUI offense holds great significance amongst drivers in Mississippi. With its unyielding attitude towards offenses involving drunk driving, this stance serves as dissuasion against individuals making dangerous choices behind the wheel that pose risks not only to themselves but also to other road users, too.
Awareness of DUI laws is crucial for drivers to know about in Mississippi. This concern for arrest and potential conviction of a D.U.I. helps create safer roads and avoid serious consequences from DUI charges.
Ignition Interlock Device Requirements
In Mississippi, an ignition interlock device (IID) is a breathalyzer installed in a vehicle. It prevents the car from starting if the driver’s blood alcohol content is too high. This device helps stop repeat offenses and keeps drivers sober.
For some D.U.I. offenders, the court requires the IID as part of their punishment. To meet this requirement, the driver must pay for everything related to the IID. This includes installation, calibration, maintenance, and removal. The costs highlight the seriousness of the offense and the commitment to preventing future problems.
Getting an IID-restricted license allows a person to drive a vehicle with an IID during their suspension. This license is for those who can legally drive and follow all driving rules. The IID-restricted license is a compromise. It helps offenders maintain some mobility while also keeping the public safe. Call founding partner Vic Carmody for your FREE lawyer consultation.
The State’s Alcohol Safety Education Program
The state uses the Mississippi Alcohol Safety Education Program (MASEP) to reduce DUI offenses. This program is required for those convicted of their first DUI in Mississippi. In some states, these Mississippi DUI classes are known as DUI school or DWI classes.
The education on alcohol and drugs teaches attendees about the dangers of drunk driving. The program also promotes responsible drinking habits. To avoid further issues, like a long license suspension, it is important to complete MASEP.
Once the court gives the order, offenders are notified about the time and location of the classes to ensure they can successfully meet these requirements. The course covers a variety of subjects, from the physical effects of alcohol to the legal punishments associated with DUI offenses and strategies to prevent future violations.
MASEP aims to provide important knowledge and skills. Its goal is not just education but also helping those who have driven under the influence. These programs show Mississippi’s commitment to safer roads and responsible driving.
The court usually requires attendance at a victim impact panel. This panel is an alternative sentencing option for DUI in Mississippi. The goal of this session is to help offenders see the effects of impaired driving. Offenders meet with victims to learn about these consequences.
Administrative License Suspension and Civil Suspension of Driving Privileges
Drivers in Mississippi who are convicted of DUI will experience significant limitations to their ability to drive. An initial DUI offense results in a mandatory driver’s license suspension for as long as one year, which can be reduced to 90 days if the offender successfully completes designated driving safety and rehabilitation programs. This period of suspension takes effect 45 days following the documentation of the DUI charge.
People looking to regain some driving privileges may want to get a restricted license with ignition interlock requirements. To qualify, drivers need to have an ignition interlock device installed.
They must also show proof that it is installed and working correctly. This type of license allows offenders to travel under strict conditions. This helps them keep some mobility while ensuring public safety.
The costs associated with acquiring a restricted license due to a DUI can be considerable. Total costs after a DUI conviction include $56 for a permit, $175 for an ignition interlock device, and $175 for license reinstatement.
These financial burdens underscore both the severity of penalties and driving loss assigned by the Legislature in Mississippi under our State’s laws to incidents involving operating vehicles under the influence. Once charged, your immediate compliance with protective steps to SAVE YOUR DRIVING PRIVILEGES is critical, under established DUI-related “implied consent” laws in our State.
Call Now To Begin Fighting Your First DUI Penalties in Mississippi
Call our 24-hour toll-free line to speak to a REAL person and get started fighting your DUI charges. By dialing 1-888-839-4384, you get a FREE consultation to see what you are facing. You can also fill out our confidential contact form below and we will connect you with the best DUI attorney in Mississippi for your specific charges and case details.
More Info About A First Offense DUI in Mississippi
If you’d like to learn more about a first offense DUI in Mississippi or first offense DUI penalties in Mississippi, read some of our informative articles below. We explore multiple different aspects of Mississippi DUI law.
- 1st Offense DUI in Mississippi
- 2nd Offense DUI in Mississippi: Laws, Penalties, and Defense Strategies
- 3rd DUI in Mississippi: Penalties, Jail Time, and Legal Defenses
- 4th DUI in Mississippi: What You Need to Know
- Non-Adjudication DUI in Mississippi
- Mississippi Implied Consent Law for DUI
- Mississippi DUI Conviction
- Mississippi DUI Law Changes Over Last Decade
- DUI Defense Strategies in Mississippi