Mississippi DUI Laws & Attorneys
by Joshua Dale
Mississippi was the last officially “dry” state and finally went "wet" in 1966 when state licensed liquor stores went into business. This was supposed to raise money via an excise tax on liquor and to help halt the bootleggers, who were serving a major market. To this day Mississippi has the most dry counties of any state. The controversy rages about the state monopoly in liquor sales, but not about overindulgence which leads to painful fines and unpleasant penalties.
In Mississippi the term DUI means Driving Under the Influence and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other intoxicants into the body.
Every driver in Mississippi has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Mississippi DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Mississippi DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
The Mississippi DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Mississippi DUI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with a Mississippi DUI you’re going to face two adversaries: the criminal courts, and the Mississippi Department of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered an informal hearing.
You have the right to make a request (within 10 days of receiving a notice of license suspension) for an administrative hearing with the Mississippi DMV to try avoiding losing driving privileges. The decision will be announced at the administrative hearing to suspend your license or to return it to you. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Mississippi DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. DMV and court penalties are similar, but separate, and usually run concurrently (at the same time).
Be advised that Mississippi has an out-of-state Driver’s License Compact Agreement. This means that Mississippi DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Mississippi DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Mississippi DUI specialist. In any case, when you are stopped and arrested for suspicion of a Mississippi DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Mississippi DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Mississippi DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Mississippi DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Mississippi DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Mississippi drunk driving laws should be taken very seriously. Mississippi DUI convictions and penalties can be long lasting and severe, both in court and with the Mississippi Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Mississippi DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Mississippi DUI attorney, take into account the impact of criminal convictions: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Mississippi DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Mississippi DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
Practiced Mississippi DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Mississippi DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a Mississippi drunk driving charge without an experienced Mississippi DUI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Mississippi DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Mississippi DMV and the Criminal Courts Double Jeopardy?
Like most states, Mississippi law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Mississippi Department of Motor Vehicles administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Mississippi DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Mississippi DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions including any previous Mississippi administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
What Is A Washout Period?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Mississippi it is 5 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 5 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
Are There Alternatives to Jail?
Your Mississippi DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get a Hardship Driver's License?
1st time offenders, who did not refuse the BAC Test are eligible for a hardship license. But before a hardship license can be granted there is a 30 days suspension ‘waiting period’. A hardship license can only be used for work, school, court ordered appearances or treatment and medical care.
What About Enhanced Punishments For Mississippi DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, elevated BAC levels, the presence of a child in the car, speeding, reckless driving, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Mississippi multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently. In case of death or injury an offender can be convicted of a felony and face 5 to 25 years in prison
Consequently, we strongly recommend retaining an experienced Mississippi DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Mississippi Criminal Court Penalties –
1st DUI Offense
$250 to $1,000 in fines and court costs.
2 days in jail.
90 days to 1 year loss of license.
Mississippi Alcohol and Safety Program (MASP).
Victims Impact Panel.
2nd DUI Offense
$600 to $1,500 in fines and court costs.
5 days to 1 year in jail.
2 years loss of license.
Substance abuse assessment and treatment.
Ignition interlock device installed in vehicle.
10 days to 1 year community service.
Vehicle impounded or immobilized for up to 2 years.
3rd DUI Offense
Felony.
$2,000 to $5,000 in fines and court costs.
1 to 5 years in jail.
5 years loss of license.
Substance abuse assessment and treatment.
Ignition interlock installed in vehicle.
Possible vehicle forfeiture and auction, proceeds go to the state.
BAC Test Refusal
1st BAC Refusal:
$250 up to $1,000 in fines.
2 days in jail.
90 days loss of license.
Alcohol and education assessment and treatment.
2nd and 3rd BAC Refusal:
$600 up to $1,500 in fines
5 days to 1 year in jail.
1 year loss of license.
10 days to 1 year community service.
Alcohol and education assessment and treatment.
Vehicle impounded or immobilized for same term as loss of license.
6 months ignition interlock installed in vehicle after reinstatement of driver license.
Each additional BAC refusal: adds 1 year loss of license.
To Reinstate License
All fees paid.
Complete 12 hour Mississippi Alcohol and Safety Education Program with fee of $600.
3 years SR – 22 high risk insurance policy.
Reinstatement fee of $100.
Underage DUI
BAC of .02%
1st DUI Offense:
$250 fine.
90 days loss of license.
Alcohol Safety Program.
Possible attendance at Victim Impact Panel.
2nd DUI Offense:
Up to $500 fine.
1 year loss of license. Reduced to 6 months with completion of Substance abuse program.
3rd DUI Offense:
Up to $1000 fine.
2 years loss of license or until 21, whichever is longer.
Completion of substance abuse program.
– Mississippi Administrative (DMV) Penalties–
DUI
Mandatory alcohol education assessment and treatment for all the below
1st offense: 90 days loss of license.
2nd offense: 2 years loss of license.
3rd offense: 5 years loss of license.
Refusal of BAC Test
1st refusal: 90 days to 1 year loss of license.
2nd refusal: 1 year loss of license.
3rd refusal: 5 years loss of license.
Underage DUI
BAC of .02% and lower than .08%.
1st offense:
90 days loss of license. 30 days if BAC test was not refused.
$250 fine.
Attendance at MASEP
Attendance at Victims Impact Panel.
2nd offense (with in a 5 year period, after 5 years it would be counted as a 1st offense):
1 year loss of license.
Up to $500 fine.
After completion of a certified substance abuse program license suspension lowered to 6 months.
3rd offense (within 5 years):
2 years loss of license.
Up to $1,000 fine.
Mandatory completion of a certified substance abuse program
BAC of .08% or greater will be treated as an adult offense.
Commercial Driver’s License Sanctions
1st offense: 1 year disqualification.
3 years disqualification when hauling hazardous material with DUI.
Subsequent offense lifetime disqualification.
– Disclaimer –
Only skilled Mississippi DUI professionals should provide you with bona fide legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Mississippi DUI attorney. There is no warrantee, expressed or implied herein. Mississippi DUI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned Mississippi DUI specialist.
– Citations –
Source: MS Code 63-11-30.
63-1-83 commercial driver penalties
