Mississippi DUI Penalties

Mississippi DUI laws and penalties

Each State within the United States is giving the authority to write their own laws for Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of Mississippi, and their penalties. To begin with, Mississippi has what is known as a five year "Lookback Period". This means that any prior DUI's you have aquired within the past five years will become relevant in the sentencing process you are now facing with your current DUI charge. This is also known as a "washout" period.

What constitutes a high BAC for a DUI in Mississippi?

Under 21: .02%
21 or Older: .08%
Commercial: .04%

There is never a good time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alochol is severely upredictable, making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Mississippi has what is known as an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

First Offense: 90 day license suspension
Second Offense: If first offense was a DUI: 1 year license suspension; if first offense was a refusal to take test: 90 day license suspension
Third Offense: If second offense was a DUI: 1 year license suspension

What are the penalties within the Mississippi DUI laws?

There are several penalties within the Mississippi DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence within the boarders of the State of Mississippi, the following are the penalties you will be facing:

Panalty of Jail

First Offense: Up to 48 hours
Second Offense: 5 days to 1 year
Third Offense: 1 to 5 years

Penalties and Fines

First Offense: $250 to $1,000
Second Offense: $600 to $1,500
Third Offense: $2,000 to $5,000

Penalty of License Suspension

First Offense: 90 days
Second Offense: 2 years
Third Offense: 5 years

Penalty of Ignition Interlock Device (IID)

First Offense: No
Second Offense: Yes
Third Offense: Yes

Conclusion

It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason you would be wise to retain the services of an experienced and professional lawyer who is well versed in the DUI laws within the State of Mississippi and is capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI.

(Tags - DUI Penalties - DUI Tests - dui state laws - Mississippi DUI laws )