Scroll Top

Mississippi DUI Law Changes Over Last Decade

There have been some extensive Mississippi DUI law changes over the past decade that can greatly affect the charges you face, and the defense strategy for a DUI in Mississippi. Drunk Driving Defense is here to keep you up to date on the most important Mississippi DUI law changes over the past 10 years.

DUI Arrests in Mississippi: DUI Law Changes over Last Decade

For the past decade or so, Mississippi legislators have amended and revised the State’s drunk driving laws several times. This article will highlight Mississippi DUI law changes over the past decade and show why and how these modifications were enacted. While 1st DUI penalties in Mississippi are very reasonable, repeat offenders can face very harsh sanctions.

In 2014, the State of Mississippi updated its laws to allow for the expungement of a first-offense DUI under certain conditions. This change took effect on October 1, 2014. Prior to this update, individuals could not remove a DUI from their criminal record. The law allows first-time offenders to petition for expungement if their case facts fit within certain eligibility criteria. The person must have completed all terms and
conditions of their sentence at least five (5) years prior.

Use of this law was not available if the offender refused a blood or breath test (when arrested for that DUI 1st offense). Additionally, the first offenders who submitted to the Mississippi implied consent law testing had to have an alcohol concentration below 0.16 grams % at the time of the offense.

The goal of the Mississippi Legislature in passing this law was to provide a second chance for individuals who have demonstrated rehabilitation and compliance with the law. By allowing expungement, the legislature aimed to mitigate the long-term consequences of a DUI conviction on employment and other opportunities for those who have learned from their mistakes and maintained a clean record thereafter.

Recent DUI Law Changes in Mississippi

This initial legislative change reflected a recognition of the harshness of a permanent criminal record for impaired driving. This first effort to balance an offender’s accountability with rehabilitation and reintegration into society radically altered the number of trials of DUI first offense cases after that law was enacted.

Overview of New Mississippi DUI Laws in 2017

In 2017, the laws governing DUI in Mississippi were shaped by a mix of state-level statutes and federal mandates (for using ignition interlock devices) that were aimed at curtailing impaired driving. The end goal was to enhance public safety on the roads but to do that by requiring alcohol interdiction to be used by certain DUI offenders so that they could get to and from work and support their families.

New Mississippi DUI Laws

The Mississippi Department of Public Safety manages DUI-related penalties, including the requirement of ignition interlock devices and various licensing implications following a DUI charge. Depending upon the prior criminal records and other case specifics involved, DUI crimes within Mississippi might be accused as either misdemeanors or felonies.

The outcomes for those found guilty differed widely, with possible repercussions including:

  • monetary penalties plus applicable surcharges
  • revocation of driving privileges
  • incarceration, followed by being on probation
  • obligatory community service hours must be performed

Mississippi enforced its DUI regulations across all areas—public and private—and took into consideration prior DUI convictions from other states when dealing with subsequent offenses. This underscores how impaired driving laws are shared among various jurisdictions to ensure that repeat offenders are not treated as first offenders.

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.

1-888-839-4384

Definition of DUI in Mississippi

Operating a vehicle in Mississippi while impaired by alcohol, drugs, or any other intoxicating substances is classified as driving under the influence. This includes any form of impairment that hinders the driver’s capacity for safe vehicle operation.

Drunk driving carries serious legal implications and penalties, including charges, fines, and the necessity of having qualified legal defense to navigate the complexities of DUI cases. A person may face DUI charges if it’s determined their blood alcohol concentration (BAC) meets or exceeds 0.08 grams percent, which stood as the nationally recognized threshold for legal adults behind the wheel.

Under Mississippi DUI laws, there are varying BAC thresholds contingent upon both age and type of vehicle being operated—commercial drivers, for example, are subjected to more stringent BAC limits in Mississippi due to stricter safety expectations when driving commercial vehicles. Such provisions aim to hold drivers accountable to a standard conducive to maintaining public safety on roadways.

Mississippi Zero Tolerance Policy for Minors

What is the Implied Consent Law in Mississippi?

Under the implied consent law in Mississippi, drivers who are reasonably suspected of driving under the influence must submit to chemical tests such as breath, blood, or urine analysis. Should a driver decline these tests when requested by an officer based on reasonable suspicion, they face direct consequences that include having their Class R license suspended for 90 days.

The purpose of the implied consent statute is to bolster DUI enforcement by facilitating a quick and effective collection of evidence demonstrating intoxication. Failure to adhere to this requirement not only results in a suspension of one’s driving privileges but can also be introduced as incriminating evidence during legal proceedings against the motorist, potentially exacerbating their legal predicament.

Mississippi’s Zero Tolerance Policy for Minors Behind the Wheel

In Mississippi, a zero-tolerance alcohol rule applies to motorists under 21 years old, establishing their blood alcohol content (BAC) limit at just 0.02 gr. %. The purpose of this strict regulation is to discourage minors from drinking and driving by acknowledging the heightened danger and reduced tolerance young drivers have.

For those underaged individuals with a BAC that is detected at or exceeds 0.02 grams %, a DUI charge will be accused, with no necessity of proving any sign of being impaired. This zero tolerance law was federally mandated many years ago, and all states have enacted laws making 0.00, 0.01 or 0.02 grams percent their underage standard.

Should minors be found in breach of this zero-tolerance standard, they are subject to monetary penalties along with being compelled to participate in an alcohol safety education program. These sanctions aim to instruct underage drivers on the perils associated with driving under the influence and encourage early adoption of responsible
driving behaviors.

Penalties for DUI Convictions in the Magnolia State

In Mississippi, the repercussions of a DUI conviction are contingent upon how often an individual has committed the offense and the details involved. Those facing their first charge may be subject to monetary penalties, incarceration, and compulsory participation in educational programs designed for offenders. For individuals with prior convictions, the consequences intensify. They can expect increased fines, more extended periods of imprisonment, and longer durations of driver’s license revocation.

DUI Law Changes in Mississippi

While the first and second DUIs within a five-year period are classified as misdemeanors, the third and any subsequent offense is categorized as a felony DUI, which carries significantly harsher consequences. For arrests made July 1, 2024, and after, a new 5-year lookback period is applicable, to determine recidivism.

For incidents classified as aggravated DUI that lead to severe injury or fatality, Mississippi enforces rigorous punishment reflecting its stern stance on serious impaired driving offenses. Offenders in these cases face hefty financial sanctions coupled with substantial prison terms.

When a person is lawfully arrested for DUI in MS and refuses to submit to the post-arrest chemical testing of that person’s breath, blood, or urine, that driver is subject to a driver’s license suspension under Mississippi law. The length of that suspension of a Mississippi driver with a Class R license shall be suspended for 90 days on a first offense.

A CDL license holder (whether that driver was behind the wheel of a commercial vehicle when arrested, or a regular passenger vehicle) the person’s CDL privileges will be suspended for 1 year for a refusal of post-arrest chemical testing for a DUI forensic result (pursuant to Section 63-1-216 of Mississippi laws).

DUI Defense Strategies in Mississippi

In Mississippi, crafting a solid defense against DUI charges is essential for disputing the allegations and lessening the consequences. Tactics such as disputing the validity of the initial traffic stop, scrutinizing the reliability of breathalyzer or blood tests, and engaging in plea negotiations are commonly employed with assistance from a skilled Mississippi DUI lawyer.

A seasoned DUI attorney is pivotal when employing these defenses. Their specialized knowledge and capability to serve as a criminal defense attorney provide crucial advice and advocacy throughout this process.

Challenging the Traffic Stop

Challenging the validity of the traffic stop is a frequent defensive tactic. Officers are required to possess reasonable suspicion or adhere to specific guidelines when conducting sobriety checkpoints for them to be lawful. Should these procedures not be strictly adhered to, it can cast doubt on the authenticity of any subsequent charges brought forward.

Sobriety checkpoints tend to increase during periods of high activity, such as holidays or significant events like college football games. To dispute DUI allegations effectively, defendants may claim that they were not operating the vehicle when stopped, which is an essential element in contesting such charges.

Contact A DUI Attorney in Mississippi Today!

If you’ve been charged with a DUI in Mississippi, then Drunk Driving Defense is here to help! We have some of the best DUI lawyers in the state on our roster. They are experienced in DUI defense and are completely up to speed with the Mississippi DUI law changes over the past years and can help you beat a DUI charge.

Call 1-888-839-4384 anytime, 24/7 to speak with a top-rated DUI lawyer in Mississippi. You can also fill out our confidential contact form below and we will connect you with the best DUI lawyer for your specific case details.

    More Info About DUI Law Changes in Mississippi

    If you’d like to learn more about Mississippi DUI law changes over the past decade, read some of our informative articles below. We explore all the most recent and impactful DUI law changes in Mississippi that can affect a DUI charge in the Magnolia State.