If you’re facing a DUI (driving under the influence of alcohol and/or drugs) charge in Biloxi, Mississippi, you may be questioning your legal options and whether or not you are required to subject to a breathalyzer test. Although you have the right to refuse to take the test under Mississippi’s Implied Consent Law, most people take it anyway. If that is what happened in your case, here is what you will be facing.
In Mississippi, the BAC (Blood Alcohol Content) rules for driving under the influence are as follows:
- .02% for under age 21
- .08% for drivers over 21
- .04% for a driver with a Commercial Driver’s License (CDL).Mississippi also uses a five year look back period to enforce the enhanced punishments for a second or third DUI. This means that the prior conviction must have occurred within five years of the recent arrest for the harsher punishments to be applied.
Your First DUI in Mississippi
In Mississippi, the first DUI includes a fine which can range between $250 to $1,000. You also may be imprisoned up to 48 hours in jail, or given both fines and a jail sentence. Jail time may be suspended for a period of probation. Under the conditions of a conviction, you must attend and complete an alcohol safety program or attend a victim impact panel or both. Your driver’s license is suspended for a minimum of 90 days, and you must attend and successfully complete an alcohol safety education program prior to reinstatement.
Your Second DUI in Mississippi
If you get a second DUI within 5 years of the first, your fine is a minimum of $600 up to $1,500. The minimum jail sentence is 5 days with a maximum of 1 year in jail. Conditions also include probation and community service work for no less than 10 days up to 1 year. Your driver’s license is suspended for 3 years, and an ignition interlock device could be required as a condition of your DUI. The IID is a device that measures your blood alcohol level before the car can be cranked. The state will notify you that any additional convictions will result in the possible forfeiture of your vehicle.
Your Third DUI in Mississippi
In Mississippi, the third DUI will be considered a felony. The fine is a minimum of $2,000 and a maximum of $5,000. Upon conviction, you serve a minimum 1 year with a maximum of 5 years in the custody of the Mississippi Department of Corrections. If there was no injury associated with the conviction, the felon may serve the 1 year in Jail instead of the State Penitentiary. The court cannot provide a sentence reduction or abatement. Another result of receiving a 3rd subsequent DUI violation is that the driver forfeits their vehicle and their driver’s license is suspended for 5 years, and use of an ignition interlock device can be required.
Get Legal Help from an Experienced Biloxi DUI Attorney
What you need to do if you or a loved one has been arrested for a DUI in the State of Mississippi is call Corban Gunn, Biloxi, MS DUI lawyer today. Our law office has years of experience in handling these types of charges. We understand that there are standards that the arresting officer must meet for you to be considered guilty of your charges.
We also understand there are common mistakes that can be made between your being pulled over to your being released on bail that can sometimes lead to a dismissal of charges. At our office, your interest will always be our main concern. We will work diligently on your behalf with local law enforcement and judges to get you the most favorable outcome.
With the seriousness of a DUI in the State of Mississippi, you should not try and go it alone. Let our experience work for you. Please call our office today to schedule a consultation or fill out our online contact form. The initial visit is free, and you do not owe us anything unless we take your case.
