MISSISSIPPI DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
MISSISSIPPI DUI/ DWI REGULATIONS
In Mississippi, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.00% – for drivers under 21 years of age
Having a license in the state of Mississippi automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 30 days for first offense and 90 days for second offense. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
MISSISSIPPI DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- Is treated as a Misdemeanor.
- Imprisonment for up to 48 hours.
- $250 to $1,000 fine.
- Your license and driving privileges will be suspended for at least 90 days.
- You may be eligible to drive using the Hardship License, after the 30 days of suspension, and then become eligible to reinstate your, if you meet the reinstatement requirements.
- You will have to attend a Mississippi Alcohol Safety Education Program.
2nd Offense
(within 5years)
- Is treated as a Misdemeanor.
- Imprisonment for 5 days to 1 year.
- $600 to $1,500 fine.
- Your license will be suspended for 2 years.
- You will have to undertake community service for a period between 10 days and 1 year.
- You will get a written warning that you may forfeit your vehicle in the event of a 3rd violation.
- You may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if so prescribed at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.
3rd Offense
(within 5 years)
- Is treated as a Felony.
- Imprisonment for 1 to 5 years.
- $2,000 to $5,000 fine.
- Points will be added to your driving record.
- Your license will be revoked for 5 years.
- Your vehicle may be seized.
- You may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if so prescribed at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.
If you are under 21 years old:
1st Offense
- Your license may be suspended for 90 days.
- You will have to pay a $250 fine.
- Undergo an alcohol safety education program.
- Attend a panel for victim impact for 1 year.
2nd Offense (within 5 years)
- $500 fine.
- Your license may be suspended for 2 years or until age 21 (whichever is longer).
3rd Offense and Subsequent Offenses (within 5 years)
- You will have to pay up to $1,000 fine.
- For a 2nd or 3rd offense you may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if required at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.
- You may be eligible for non-adjudication for one time.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
MISSISSIPPI PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
MISSISSIPPI ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Mississippi laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
If you are arrested for DUI/DWI, the arresting officer will confiscate your Mississippi driver license, give you a receipt for your that allows you to drive for 30 days, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Commissioner of Public Safety. The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If he has any alcohol related convictions or suspensions for this 5-year period his license will be suspended or revoked. You may be eligible to drive using the Hardship License, after the 30 days of suspension. The suspension or revocation begins after the final order of the hearing officer is mailed from the Department of Public Safety. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.
MISSISSIPPI LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Public Safety, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Mississippi Alcohol Safety Education Program or a comparable program, pay the reinstatement fee of $75, and maintain proof of financial responsibility by filing SR-22, if required.
- If you are being convicted, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for at least 6 months after your license has been reinstated.
- You can submit the reinstatement application and fees in person at a Department of Public Safety office near you.