MISSISSIPPI DUI

Blood Alcohol Level (BAC) for a DUI in Mississippi:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: No distinction

Implied Consent and Chemical Test Refusal: If you drive on the roads in Mississippi you automatically consent to a BAC test by urine, blood, or breath if the officer who pulls you over reasonably believes that you are driving under the influence of alcohol. If you refuse an alcohol test, your license will be suspended for 90 days if you have not previously refused a test and one year if you have refused.

It is critical that if you are arrested for a DUI you find legal representation, preferably a Mississippi lawyer who specializes in DUI cases. Defending yourself in a DUI case can be incredibly stressful and complicated, and an attorney can offer invaluable guidance throughout the process.

DUI Arrest-Civil Case

Potential Penalties:

• License Suspension:
• First DUI Conviction: 90 days. You may also have to complete an Alcohol Safety Education Program and attend a Victim Impact Panel.
• Second DUI Conviction: Your license will be suspended for two years. In addition, you will be required to complete an Alcohol Safety Education Program and participate in a Victim Impact Panel.

• Monetary Fines:
• First DUI Conviction: Between $250 and $1,000.
• Second DUI Conviction: From between $600 and $1,500.

• Community Service: After your second DUI in Mississippi you may be ordered to complete between ten days and one year of community service.

• Probation: Yes.

• Motor Vehicle Impoundment: Yes.>

• Ignition Interlock: After your second DUI, it is possible that the court will order you to install an ignition interlock device. Generally, installation of an ignition interlock device is available as a penalty for a DUI violation in Mississippi.

• Prison Time:
• First DUI: Two days.
• Second DUI: Five days to one year.

DUI Arrest-Criminal Charges

Serious penalties will result if you are criminally charged with a DUI. A criminal DUI charge can negatively effect your employment and your future life. bly consider contacting a lawyer that specializes in Mississippi criminal law if you have been charged criminally for drunk driving.

Potential Criminal Consequences:

For your first and second DUI arrests you will be charged with a misdemeanor. Your third drunk driving offense will be a felony.

Reinstating Your License After DUI Conviction: To have your license reinstated after a Mississippi DUI arrest, you must do several things.

• First, you must attend a Mississippi Alcohol Safety Education Program (MASEP).
• Second, you must file an SR-22 proof of insurance form with the Mississippi Department of Public Safety and maintain your SR-22 insurance for three years.
• Third, you must pay a license reinstatement free of $100.
• Fourth, you must demonstrate that you paid all fines and completed all jail time.

Effect of DUI on Car Insurance: Most likely, if you have been convicted of an alcohol related driving offense your liability insurance payments will increase tremendously. However, in Mississippi, you must have an insurance company submit an SR-22 form as proof of insurance. Failure to file an SR-22 form will result in the loss of your driving privileges or an inability to reinstate the privileges.

Effect of DUI on Driving Record: You will have a Mississippi DUI conviction on your driving record for five years.

Under 21 and DUI: If you are under 21 and driving with a BAC of .02% or more, you have violated Mississippi's Zero Tolerance Law. As a result, your license will be suspended for 30 days if you did not refuse to take a BAC test and for 90 days if you did refuse to take a BAC test.

Mississippi Resources

Mississippi Department of Public Safety

http://www.dps.state.ms.us/dps/dps.nsf?OpenDatabase

Mississippi DUI Statutes

http://www.michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm