MISSISSIPPI DUI LAW
Mississippi DUI law is tough. DUI / DWI laws across the country have taken a "no-nonsense" approach in recent years The legal blood alcohol content (BAC) limit is now .08 percent in all 50 states.
DUI / DWI punishments have increased. Jail sentences, higher fines, increased car insurance premiums, longer driver's license suspensions, mandatory alcohol education programs, and ignition interlock devices are commonly imposed DUI / DWI penalties.
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DUI Charge In Mississippi? Here's What You Can Expect
Blood Alcohol Content
In Mississippi, a driver with a blood alcohol concentration - or BAC - above .08 percent is considered "per se intoxicated" under the law. A commercial vehicle driver (CDL) with a BAC of .04 or higher is considered intoxicated even if they were not driving a commercial vehicle at the time.
Under this statute, this test result is all that's necessary for a driver to be charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Content
In all states, "zero tolerance laws" apply to drivers not of legal drinking age. According to Mississippi DUI law, persons under the age of 21 operating a car with a .02 percent blood alcohol level or over are subject to DUI penalties.
Implied Consent Law
If you are a driver and you're suspected of driving under the influence of alcohol, your driving priviledge requires you to submit to breath, blood, or urine testing for alcohol content. This is known as an "implied consent law."
When you drive a vehicle, you have essentially given consent to be tested if you arouse warranted suspicion. Denial carries penalties that can include obligatory suspension of a driving license for up to a year.
Enhanced Penalties For High Blood Alcohol Concentration
In some states there are more rigorous punishments for those convicted of DUI or DWI with a higher blood alcohol concentration or BAC. These enchanced penalties are generally for a BAC of 0.15 to 0.20 percent and greater above the legal limit. Enhanced penalty laws are not utilized in Mississippi.
Administrative License Suspension or Revocation Penalties
These are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Mississippi's maximum allowable level of .08 percent.
This license suspension or revocation penalty is also imposed on drivers for declining to submit to blood, breath, or uring testing for alcohol content per the "implied consent laws" discussed above.
These penalties can involve suspension or revocation of the driver's license by the DMV (Department of Motor Vehicles). The penalties can also result in a short-lived or permanent removal of the driver's license.
Mississippi DUI law for a first DUI offense is mandatory suspension for 90 days; for the second offense it is up to 2 years; and for the third offense, up to 5 years.
Mandatory Alcohol Assessment, Education and Treatment
An alcohol evaluation, education and prevention program is a consideration for persons with a possible alcohol or drug addiction. This can be required for DUI charges in Mississippi.
These steps are often suggested by your attorney as a negotiation with the prosecutor instead of serving a jail sentence or paying fines or for a reduced jail sentence or fine.
Vehicle confiscation for a DUI / DWI conviction is a likelihood in some states. The vehicle may be confiscated temporarily or for an extended period of time. This is more frequently imposed for repeat offenders. This is a possible DUI penalty in Mississippi with second or subsequent DUIs.
Ignition interlock devices attach to the DUI offender's motor vehicle and require the driver to complete a breath-test before the vehicle will start. This penalty for DUI conviction is a possibility if you have had more than one DUI under Mississippi DUI law.
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The fact is that these DUI / DWI penalties may be avoided or at least minimized with the help of an experienced attorney who concentrates on DUI / DWI defense.
A skilled lawyer will challenge most evidence submitted against you in a drunk-driving case and try to create "reasonable doubt" as to your guilt.
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Having a lawyer to plead your DUI or DWI case is essential. Get the best DUI lawyer you can; one who knows the State DUI Laws, the DUI consequences, and the DUI fines and penalties for YOUR best outcome and to stay out of jail.
Additional Resources For Drunk Driving Charges
Locate Sobriety Check Points and Speed Traps BEFORE You Get To Them!
Go to the website of your particular state to verify the drunk driving laws, penalties and fines. Changes occur in state DUI laws and this site is meant to provide general information only. Please read our disclaimer.
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