Mississippi Criminal and Family Law BlogFacing your first Driving Under the Influence (“DUI”) conviction in Mississippi will be overwhelming. This is especially true if you are trying to represent yourself for such a serious traffic offense. When you go to your first court appearance, you will quickly become aware that you need an experienced DUI attorney. DUI courts have their own language and rules; our attorneys speak the language and we know the rules.
In Mississippi, a DUI offense occurs if you are driving, operating, or in control of a motorized vehicle while impaired by alcohol or drugs, including legal prescriptions and illegal substances. Impairment is measured by a .08 percent breath, blood, or urine alcohol level. Other substances in your system can also be measured by a blood or urine test for impairment levels.
Driving with a BRAC (breath alcohol concentration) of greater than .08 percent is against the law. When you obtain your driver’s license in Mississippi, you consent to take a breath test if you are arrested for DUI. A refusal to take the breath test does come with some consequences.
What are the Potential Consequences for a DUI in Mississippi?
A DUI conviction stays on your record for 5 years for enhancement penalties in the state of Mississippi. There are also serious consequences to your ability to drive, known as administrative penalties, that are imposed by the Mississippi Department of Public Safety.
If you are arrested and convicted for driving with a BAC over the Mississippi 0.08 legal limit, depending on the number of DUI convictions, an offender can potentially face the charges as follows:
For a first offense DUI conviction in the state of Mississippi, the offender is fined anywhere between Two Hundred- Fifty Dollars ($250.00) and One Thousand Dollars ($1,000.00) plus cost of court. The conviction also carries forty-eight (48) hours in jail.
For a second offense DUI charge, the penalty becomes much more serious. A person convicted of a DUI second offense can expect to pay a fine anywhere between Six Hundred Dollars ($600.00) and One Thousand Five Hundred Dollars ($1,500.00). Also, second offenders can expect to be placed under arrest in jail for a period anywhere between five (5) days to six (6) months. In addition to everything previously stated, this person will be sentenced to serve community service for anywhere between ten (10) days to six (6) months.
The penalty for a third offense DUI charge will be even greater upon conviction for a third offense. The person will pay a fine between Two Thousand Dollars ($2,000.00) and Five Thousand Dollars ($5,000.00). Also, this person can expect to serve anywhere between one (1) year to five (5) years in custody of the Department of Corrections. The third offense also carries a life time felony conviction.
For a fourth and subsequent offense DUI charge, the penalty becomes even greater. The fourth offense DUI offender will also be found guilty of a felony and with a fine anywhere between Three Thousand Dollars ($3,000.00) and Ten Thousand Dollars ($10,000.00). In addition, this person can expect to serve anywhere between two (2) years to ten (10) years in the custody of the Department of Corrections.
Enlist the Help of a Qualified Attorney
When you are searching the state of Mississippi for a qualified, experienced dui defense attorney, look no further than Vic Carmody Jr., P.A. No matter the circumstances of your case, the sooner you get in touch with a qualified dui defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped countless clients who have been charged with DUI’s. Please call us for a free consultation today, and we can help you defend yourself when you are arrested and charged with a DUI in Mississippi.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com, and our office phone number is (601) 948 – 4444 option 1.