Mississippi Driving Under Influence Lawyer, Mississippi Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

90 days

Can driving priviledges be restored during suspension?

no

Penalties include forfeiture or ignition interlock?

yes/yes

"Open Container" laws

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Mississippi Driving Under the Influence Law

In common with many other States, a DUI arrest in Mississippi will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DUI in Mississippi, you have only 10 days in order to apply for a hearing at the Department of Motor Vehicles in order to retain your driver's license. It is therefore essential that you contact a Mississippi DUI lawyer as soon as possible.

Charges for DUI in Mississippi can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.

Refusal to take a test of blood, breath or urine will lead to a suspension of your drivers' license for a period between 90 days and 1 year.

Drivers under the age of 21 will be convicted with a BAC of 0.02% in accordance with Mississippi's “zero tolerance” stance toward underage drinking and driving. If an under 21 refuses to take a breath, blood or urine test then he will be tried as an adult first offense.

Conviction Punishment
Under 21 First Fine of $250, 90 day suspended license.
Under 21 Second Maximum fine of $500, 1 year license suspension reduced to 6 months on completion of a certified alcohol/drug program.
Under 21 Third Fine of up to $1000, license suspended for 2 years or until 21st birthday, whichever is longer. Completion of a certified alcohol/drug program
Adult First 48 hours in jail, fine between $250 and $1000 plus court costs, 1 year license suspension.
Adult Second within 5 years Between 5 days and 1 year in jail, and between 10 days and 1 year of community service, fine between $600 and $1500 plus court costs, vehicle impounded/immobilized for duration of suspension.
Adult Third within 5 years - Felony Prison sentence between 1 and 5 years, fine between $2000 and $5000, license suspension for a maximum of 5 years, vehicle seized by the State and sold with revenue going to the State.

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