The state of Mississippi is considered to have high statistics of fatal DUI accidents due to increase in the number of cases of drunk driving resulting in DUI. The DUI laws in the state is quite stringent and is it is considered as a serious offense with severe penalties and fine. The severity of the penalties increases with the number of offenses you have committed within a span of 7 years.
BAC test & DUI laws in Mississippi
A DUI arrest is Mississippi will lead to immediate chemical tests where your blood and urine is tested and if you fail to take up the test, then your license is suspended. The legal limit for BAC in the state is 0.08% and if it is above this when arrested, then you will have to face the consequences. Apart from this, Mississippi also follows the implied consent law which indicates that when you apply for a driving license, you sign that consent letter for any chemical tests for drugs and alcohol content in your blood when arrested for suspected DUI.
A refusal for such a test will lead to immediate suspension of your license and arrest.
The state also follows the `10-day rule’ which indicates that you have 10 days from the day of your arrest for DUI to apply for an administrative hearing. If you fail to apply for a hearing within this period, your license can be suspended for 90 days to one year. This hearing should be done before the criminal trial. Even if you file a test refusal petition within 10 days, your license will be suspended. However the duration of suspension might be lesser. You can also get a probation license which will be valid only for 45 days from the date of the arrest.
Penalties for DUI in Mississippi
If you are arrested for DUI in Mississippi, the penalties vary depending on the number of times you have committed the offense. If it is your first offense, then you will be convicted for a misdemeanor and the penalties are:
- A fine between $1,000 to $250.00 or jail time to not exceed 48 hours, or both
- A victim impact panel to avoid jail time
- Suspension of the driver license about 90 days
- An option of a hardship driver license to continue employment, education, or medical care
The penalties are more if it is your second offense and you will have to face the following:
- A fine in the range of $600 and $1,500
- Jail time between 5 days and 1 year
- Community service can be anywhere between 10 days and 1 year
- Your driver license can be suspended for 2 years
However a third offense in Mississippi is considered to be a felony and the penalties are:
- A higher fine of amount ranging from $2000 to $5,000
- Jail time of 1 to 5 years
- Seizure and forfeit of vehicle
- License being suspended for 5 year
Mississippi DUI offenses last in your driving record for a period of five year and after these five years, the earlier DUI offenses will be considered for the penalties. However, within the five year duration each offense will lead to tougher consequences.
Originally posted 2016-12-11 15:14:11.