Mississippi follows the same state appointed levels of DUI, which is .08% BAC (blood alcohol concentration) for adults and a limit of .02% for offenders under the age of 21, and a blood alcohol limit of lower than .04% for commercial vehicle operators. The state of Mississippi practices a discerning approach to sentencing, with a prescribed prison sentence of not more than forty eight hours and can be substituted with a victim impact panel under the discretion of a Judge.
There is also a fine of no less than $250 but not exceeding $1000 with a driving privilege suspension for a period of no less than 90 days and a required completion of an alcohol safety education program. All license reinstatement and application fees also apply and are charged to the defendant.
What Happens To First Time DUI Offenders in Mississippi?
First time offenders of a DUI in the state will work off a four week course, allocating a court ordered 2.5 hours a day of alcohol education courses which is equivalent to one day per week at a 10 hour total, costing approximately $100. After the first thirty days of license suspension, first time offenders are eligible for a hardship license which allows an offender to continue driving privileges if the court finds the ruling to impede your ability to attend an educational institution, gain employment and obtain medical care.
Upon questioning for a DUI charge any attempt to refuse testing from a field sobriety test to a chemical test will result to an automatic license suspension of 90 days for first time offenders. Refusal to take a chemical test will warrant a license suspension regardless of conviction and will add to a sentencing if proven guilty of a DUI offense. You will automatically be charged with a DUI if you refuse to take an alcohol assessment as requested by law enforcement. ALL DUI arrests that are accompanied by severe bodily harm and fatality are merit to felony DUI charges where you will not only be tried administratively but criminally.
There is no prison sentencing appointed to minors who are found guilty of a DUI charge. All offenders under the age of 21, who are found to be within a blood alcohol content of .02% to .08 will be subject to a license suspension of a minimum of 90 days and may be ordered to pay a fine of up to $250 for a first offense. The judge will mandate the convicted minor to attend and complete an alcohol safety education program as well as a victim impact panel, depending on the arrest circumstances of the DUI charge.
Get Mississippi DUI Help: Repeat Offenses for DUI Arrests
Mississippi considers prior convictions as a supplementary concern if the prosecution of an existing DUI, mounting the criminal sentencing parameters for suspects who have a “dazzling” DUI conviction record. The chemical testing results from your DUI conviction history is also taken into consideration, such as your BAC level results and will put you in higher accountability if you were convicted with chemical testing results in the .15 to .20 Blood Alcohol Levels. At this point the court will appoint mandatory drug testing and enrollment in an alcohol treatment facility as part of your sentencing parameters which you will have to pay for.
Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the Judge and may not be clearly enumerated since each case is exaggerated by a different circumstance and degree of DUI arrest. As more mitigating conditions and duplicate offenses are presented, the sentencing becomes more unconstrained.
The reprimand for a repeat DUI convict with connected asset damage or calamity that leads to bodily harm and worse, bereavement will be subject to the maximum type of suit, where the court is expected to sentence defendants under criminal charges. Suspects are charged with Felony DUI which has a lengthier sentencing definition.
Hire an experienced Mississippi DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.