Mississippi Drunk Driving Laws

There’s no denying it: driving under the influence (DUI) is one of the most reckless acts a driver can commit. Thousands of injuries and deaths occur each year due to alcohol-related accidents—and with the significant threat just one impaired driver can pose to others, state lawmakers are now cracking down on drunk drivers more than ever. From setting up roadblocks to apprehend impaired drivers to enacting legislation to penalize convicted offenders more severely, law enforcement officials are constantly thinking of new ways to prevent DUI. While the exact laws vary from one state to another, DUI is a serious crime in every state in the nation, and it carries a number of strict penalties as a result. To demonstrate this, just take a look at the Mississippi drunk driving laws.

In Mississippi, it is against the law to operate a vehicle if the amount of alcohol in your system is 0.08% or higher. Known as blood alcohol content (BAC), this calculation is the single most important factor that law enforcement uses to determine whether a driver should be arrested for DUI. Therefore, if you have an illegal BAC (0.08% or higher), you are legally impaired—even if your ability to drive is not affected.

However, if you are under 21 or operate a commercial vehicle (such as a bus or tractor trailer), you must comply with lower BAC restrictions. Under state law, an underage driver can be arrested for drunk driving with a BAC of 0.02% or higher, while commercial drivers are considered impaired once the amount of alcohol in their bloodstream reaches a percentage of 0.04 or more.

If an officer suspects a driver is under the influence of alcohol, a chemical test will be administered to determine his or her BAC. It is important to know that, as mandated by the state’s Implied Consent Law, you are legally required to perform a breathalyzer and/or submit a blood or urine sample for the purpose of chemical testing. Should you refuse to take the test, you will not only be arrested for drunk driving, but also risk losing your driver’s license for 90 days or more.

The penalties for a Mississippi DUI conviction can vary greatly depending on your prior criminal history. For a first offense, you could be fined anywhere from $250 to $1,000 and face up to a 90-day license suspension and/or 48-hour jail sentence. In addition, the court may order you to undergo treatment for substance abuse or complete a driver’s education program. Of course, these penalties will only increase if you have been convicted of drunk driving in the past.

The maximum punishment for a second offense, for example, includes a $1,500 fine, 2-year license suspension, one-year jail sentence, and up to one year of community service. After two prior convictions, a subsequent DUI will carry up to a $5,000 fine, 5-year license suspension, and 5-year jail sentence. Any vehicles that are registered in your name may also be impounded following a third DUI conviction.

If you have been charged with driving under the influence in Mississippi, it is important to seek legal counsel immediately if you want to avoid the consequences of a criminal drunk driving conviction. To schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area, submit your information online today.