Mississippi DUI Penalties

A DUI charge in Mississippi is a stress full affair, as it will initiate two separate court cases. The first one being a criminal court hearing, and the second a Department of Motor Vehicles case. The resulting penalties from the first hearing may include; fines, jail time, mandatory alcohol education programs, and so on. However, the second hearing will most likely result in the penalty of the offender’s driver’s license being suspended temporarily.

Like most other states, Mississippi DUI law states that an individual can be prosecuted for driving drunk if the offender was operating a vehicle under the influence of alcohol and/or drugs, or was driving with a blood alcohol content (BAC) of .08 percent or more. The second concept is commonly referred to as the “per se” law.

Mississippi also has what is known as a “washout” rule, which means that if an individual is charge with a DWI, and five years earlier, he or she had received a similar conviction, fortunately for that individual the second DUI will be treated as a first time offense. It is also important to note, that if an offender refused to take either a breath, blood or urine test of their BAC during their arrest, then the state will then impose the penalty of the offender's driving privileges being temporarily suspended.

First offense

As a misdemeanor, the penalties for a first time offense are: a fine of $250 up to $1,000, a jail sentence of 5 days up to 1 year, the completion of 10 days up to 1 year of community service, and the offender’s license being suspended for 1 year.

Second offense

The penalties for a second time offense may be: a fine of $600 up $1,500 (as well as court costs), a jail sentence of 5 days up to 1 year, as well as the completion of 10 days up to 1 year of community service. The defendant will also have their license suspended for 2 years.

Third offense

Finally, being that a third DUI offense is considered a felony, the resulting penalties may be: a fine of $2,000 up to $5,000, a jail sentence of 1 year up to 5 years, and the seizure and sale of the defendants vehicle.

The penalties for a DUI in Mississippi are stringent, but may be negotiable, therefore making it important that if you are charged for a DUI in the state of Mississippi, you contact a DUI defense lawyer immediately upon your arrest.