MB The Mississippi Bar
US District Court

Driving Under the Influence (DUI)

Driving Under the Influence (DUI) is considered a very serious charge due to the potential threat to public safety. Because of this, law enforcement officials will often do whatever is necessary to make an arrest. Prosecutors often seek the most severe penalties. If you’re being charged with a DUI in Mississippi, time is not on your side.

First and foremost, everyone has certain rights. Often times, in their efforts to make an arrest, cops will unlawfully search or detain you. They may even try to coerce you into making statements or convincing you to allow them to search your car. It is critical that you remember your rights – and enact them. One of your rights is the right to an attorney. If you’ve been arrested for a DUI in Mississippi, contact us to get us on your side. 

DUI – Alcohol

Mississippi law prohibits you from operating a vehicle if you are intoxicated. Intoxication is measured by blood alcohol content/concentration (BAC), or the percentage of ethanol in the bloodstream as measured by grams of alcohol per 100 mL of blood.

In Mississippi, it is illegal to operate a motor vehicle if your BAC is 0.08% or above and you are 21 years of age or older. For the operation of commercial vehicles, the BAC limit is 0.04%. Minors under 21 years of age are subject to a more stringent BAC limit of 0.02%.

BAC is most often measured via field sobriety tests and breathalyzer tests. However, it can also be measured through blood or urine tests. 

DUI – Drugs

In addition to alcohol, Mississippi law prohibits the operation of a vehicle while under the influence of drugs. Drugs may be defined as any substance that impairs your ability to operate a vehicle safely. Over the counter substances, marijuana, methamphetamine, and even prescription medication is all considered substances that impair your ability to operate a motor vehicle. Officers are trained to use your senses to determine if you’re under the influence; however, officers may apply for a search warrant to obtain the operator’s blood sample to be used in court.

First-Offense DUI

If you’re convicted of a DUI as a first-time offender, you face possible jail time, fine, court costs, and the requirement to complete the Mississippi Alcohol Safety Education Program (MASEP). In addition, you would lose your driving privileges for a minimum of 120 days. 

Non-Adjudication DUI

First time offenders of DUI may be eligible to be sentenced pursuant to non-adjudication. Non-Adjudication means that the DUI does not go on your record. However, it is important to note that non-adjudication is in the discretion of the court and certain requirements must be met prior to the DUI being dismissed.

Second-Offense DUI

A second-offense DUI carries mandatory jail time. In order to be charged as a second-offender, you must have a DUI conviction within the past five (5) years. In additional to mandatory jail time, second-offense DUI’s carry other substantial punishments including a substance abuse assessment and fine.

How We Can Help

We provide aggressive legal defense for all types of DUI charges. No matter how serious or difficult your case may be, we are prepared to fight for you.

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