DUI/DWI DEFENSE

You will likely receive a DUI in Mississippi if you are arrested for driving with a blood alcohol concentration (BAC) of:

• At least 0.08%. OR

• At least 0.02%, if you are younger than 21 years old, also known as Zero Tolerance For Minors.

While those are the legal BAC limits, you may still receive a DUI or alcohol-related driving offense for driving with a BAC that is lower than the legal limits above. Your penalties will be determined by your court.

A DUI Other refers to being under the influence of something other than alcohol  such as drugs, illegal prescriptions or other unknown.

In Tennessee, a BAC of .08 is considered as driving under the influence.

Driving under the influence of alcohol comes with penalties from both the court and the Mississippi Department of Public Safety (DPS). Your penalties will depend on the severity of your DUI offense, whether you have previous DUI charges, and your driving history. The Department of Public Safety can use administrative laws to punish you, and the courts can use criminal law.

1ST OFFENSE

Administrative Penalties

• Driver’s license suspension: Minimum of 90 days with completed Mississippi Alcohol Safety Education Program

• License reinstatement fee: $175.

• Ignition interlock for restricted driver’s license.

• Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

• A $250 to $1,000 fine.

• 48 hours in jail.

• A driver’s license hardship request fee: $50.

2ND OFFENSE WITHIN 5 YEARS

Administrative Penalties

• Driver’s license suspension: 2 years

• License reinstatement fee: $175.

• Ignition interlock for restricted driver’s license.

• Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

• A $600 to $1,000 fine.

• 1 to 5 years in jail.

• 10 days to 1 year of community service

• Possible forfeiture of your vehicle.

3RD OR SUBSEQUENT OFFENSE WITHIN 5 YEARS

Administrative Penalties

• Driver’s license suspension: 5 years.

• License reinstatement fee: $175.

• Ignition interlock for restricted driver’s license.

• Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

• A $2,000 to $5,000 fine.

• 1 to 5 years in prison.

• Forfeiture of your vehicle.

• The penalties increase for multiple DUIs and offenses involving accidents, injuries, and deaths.

1ST OFFENSE

Administrative Penalties
• Driver’s license suspension for one year.
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $350 to $1,000 fine.
• 48 hours to 11 months in jail.

2nd OFFENSE
Administrative Penalties
• Driver’s license suspension for two years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $600 to $3,500 fine.
• 45 days to 11 months in jail.

3rd OFFENSE
Administrative Penalties
• Driver’s license suspension for six years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• A $1,100 to $10,000 fine.
• 120 days to 11 months in jail.

4th OFFENSE
Administrative Penalties
• Driver’s license suspension for eight years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.

Criminal Penalties
• Class E Felony
• A $3,000 to $15,000 fine.
• 1 year in jail.

If you receive a third or subsequent DUI charge within a five-year period in Mississippi, it becomes a felony DUI rather than a misdemeanor.

In Tennessee, if you receive a fourth or subsequent DUI charge in five years it is considered to be a felony DUI rather than a misdemeanor DUI.

Situations in which your attorney may be able to contest a DUI charge include:

1. There was no probable cause for officers to stop your vehicle.

2. The breath test was faulty and unreliable.

3. You have a medical condition that contaminated the test results.

4. You had eaten food that mimics self-produced isopropyl and ethyl alcohol (the type in alcohol).

5. The breathalyzer had not been properly maintained and calibrated.

6. You were not driving the vehicle and were charged anyway.

Yes, a DUI may be expunged after five years providing you have completed all the fines, and requirements of the court.

You must meet certain conditions for expungement. Mississippi law sets out six (6) conditions which individuals must meet to qualify for an expungement in Mississippi:

• You did not refuse a blood, breath, or urine test;

• Your blood alcohol concentration was below .16% if tested;

• At the time of arrest, you were not the holder of a commercial driver’s license or a commercial learner’s permit;

• You have completed all conditions ordered by the court to include paying all fines and taking any classes;

• You have not been convicted of any other driving under the influence charges or have any charges pending; and

• You can show the court why the conviction should be expunged.

If your DUI charge was dismissed or did not result in a conviction (you were found not guilty, your conviction was reversed on appeal, your charge was reduced to a lesser offense), than it can be expunged. A DUI conviction cannot be expunged. A conviction of reckless driving and reckless endangerment can be expunged after five years.