If you drive while you are drunk or high in Mississippi, you can be arrested. Although there are differences in state DUI laws, most jurisdictions—including Mississippi—make it illegal to drive with a blood alcohol concentration (BAC) of .08 or above. Some drivers must abide by even lower limits to avoid risking arrest.
If you are found guilty of an impaired driving offense, the consequences can affect every aspect of your life. This guide can help you understand your legal rights. Read on to learn about when you can be charged under Mississippi DUI laws, as well as what penalties you could face and what defenses you could raise.
Mississippi’s DUI Definition
Mississippi DUI laws criminalize operating a motor vehicle while impaired. Impairment could be caused by alcohol or other substances.
How Mississippi’s DUI Laws Define the Offense
Mississippi defines the offense of impaired driving under Mississippi Code Section 63-11-30. This statute makes it “unlawful for a person to drive or otherwise operate a vehicle within this state” if any of the following are true:
- The driver is under the influence of “intoxicating liquor.”
- The driver is under the influence of “any other substance that has impaired the person’s ability to operate a motor vehicle.”
- The driver has an alcohol concentration of .08% or higher.
Prosecutors need to prove only one of these things—not all three—in order to get a DUI conviction.
DUI Definitions for Commercial and Underage Drivers
Mississippi Code Section 63-11-30 establishes different rules for drivers who are below the legal age to drink (21 years) or who are operating a commercial motor vehicle.
Underage drivers are subject to zero-tolerance laws and can be charged with a DUI if they have a BAC of .02 or above. Meanwhile, drivers of commercial motor vehicles can be charged if they are operating a vehicle with a BAC of .04% or above.
Mississippi’s BAC Limit and Per Se DUIs
Prosecutors have the burden of proving a drunk driving case to secure a conviction, but DUI per se laws can make it easier to do that.
A DUI per se law says that if someone has a BAC of .08 or higher, their elevated BAC is the only evidence necessary to show impairment. A prosecutor doesn’t need to do anything else to show they were too drunk to drive.
DUI per se gets its name from Latin, where “per se” means “by itself.” So a BAC of .08, alone, can be enough. Since Mississippi Code Section 63-11-30 specifically states you can be convicted with a BAC at or above this level, the state is one of many that has a DUI per se law on the books.
Mitigating and Aggravating Circumstances of a Mississippi DUI
Mississippi Code Section 63-11-30 also defines an “aggravated DUI.” An aggravated DUI is a worse crime, with harsher penalties compared to a standard DUI. It’s called “aggravated” because factors involved in the case have made the offense seem deserving of more serious consequences.
An aggravated DUI in Mississippi occurs when an intoxicated person causes death or certain serious injuries to others in an impaired driving accident.
Mitigation is the opposite of aggravation. If there are factors that might reduce the severity of the offense, these are considered mitigating factors. First-time offenders and those who do not have a high BAC may be subject to lesser penalties since their offense isn’t considered as serious.
DUI Punishments in Mississippi
Knowing what happens when you get a DUI can help you prepare for the outcome of your case. Here are the potential penalties that could result after you have been convicted.
Offense Jail Time Fines Driver's License Suspension
Felony DUI Charges In Mississippi
Felony DUI charges are possible in Mississippi for repeat offenders. Your third and subsequent DUI offenses are considered felonies. If you cause an accident and injure or kill someone, you may also face felony charges.
Implied Consent and Refusing a Blood Alcohol Test in Mississippi
Most states have implied consent laws, and Mississippi is no exception.
Under Mississippi Code Section 63-11-5, “any person who operates a motor vehicle upon the public highways, public roads or streets of this state shall be deemed to have given his consent … to a chemical test or tests of his breath, blood or urine for the purpose of determining alcohol concentration ” or for the purposes of determining if they have any other substance in their body that “would impair a person’s ability to operate a motor vehicle.”
This statute means if you are driving and an officer “has reasonable grounds and probable cause” to suspect impairment, you must undergo a breath, blood or chemical test. If you don’t, you could face penalties including the suspension of your driver’s license.
Can You Get DUI Charges Dropped in Mississippi?
It is possible to get DUI charges dropped in Mississippi. If there is insufficient evidence to prove you were driving impaired, you may be able to get charges against you dropped.
A DUI attorney can help you determine if this is possible in your case and can help you take steps such as trying to have improperly gathered evidence suppressed, which would maximize the chances of your case being dismissed.
Plea Bargaining in Mississippi DUI Cases
If you admit guilt, you can often get a reduced penalty. A Mississippi DUI lawyer can help you determine if plea bargaining is appropriate in your case and can assist you in negotiating the most favorable plea deal possible.
Wet Reckless Driving Charges
In rare cases, it is possible to reduce DUI charges down to a reckless driving charge. When this happens, the charge is usually called a “wet reckless.” Your attorney can assist you in determining if this is possible given the circumstances of your case.
License Revocation and Reinstatement In Mississippi
The Mississippi Department of Public Safety explains that all DUI drivers are subject to restrictions on their license, including potential suspension or revocation.
To restore a license, drivers must provide evidence of meeting certain requirements including:
- completion of the Mississippi Alcohol Safety Education Program (MASEP)
- proof of insurance for three years
- use of an ignition interlock device for a set period of time
There is a $175 ignition interlock fee as well as a $56 fee for an ignition interlock-restricted license. The reinstatement fee to get a driver’s license restored after a suspension is $175.
Here are the answers to some common questions about impaired driving charges in Mississippi.
Frequently Asked Questions (FAQs) About Mississippi DUIs
What is considered a DUI in Mississippi?
What should you do if you are found guilty of a DUI in Mississippi?
Is there a difference between DUI and OWI in Mississippi?
How long does a DUI in Mississippi remain on my record?
What are the BAC limits for drivers in Mississippi?
What should I expect during a DUI arrest in Mississippi?
Can I refuse a breathalyzer test in Mississippi?
What are the consequences of multiple DUI offenses in Mississippi?
How does a DUI affect your insurance In Mississippi?
What is the punishment for a DUI In Mississippi?
Is jail time mandatory for a Mississippi DUI?
Should I hire a lawyer if I am charged with a DUI in Mississippi?
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