Penalties resulting from a DUI conviction in the state of Mississippi are considered to be some of the most severe in the United States. As is the scenario in other states, two cases typically result -- the court case and a Department of Motor Vehicles hearing. You are considered under the influence if your BAC is 0.08 per cent or higher. However, that level drops to 0.04 per cent if you drive a commercial vehicle and 0.02 per cent if you are under 21 years of age.
In the state of Mississippi, an officer can make an arrest for the following drunk driving offenses:
|Court Fines||Potential Jail Time||License Suspension|
|1st Conviction||$250-1,000||Up to 2 days
||Minimum of 90 days|
|2nd Conviction||$600-1,500||5 days - 1 year||3 years|
|3rd Conviction||$2,000-5,000||1 year - 5 years
If you are an adult (over age 21), the penalties are broken down as follows:
If you are a minor (under age 21), your BAC is between 0.02 per cent and 0.08 per cent, and you refuse to take a breath test, the consequences are as follows:
Should you be convicted of a DUI that resulted in the death or disfigurement of another individual, you will be looking at the following consequences:
Under Mississippi state law, any licensed person operating a motor vehicle automatically gives his or her consent to an approved test (blood, breath, or urine) for the purposes of showing intoxication. Refusing to take a test will result in immediate license forfeiture and suspension of up to one year.
Chemical tests must be administered by a licensed person using set standards approved by the State Crime Laboratory and the Commissioner of Public Safety. Blood tests must be performed by a doctor, mortician, nurse, or other clinical personnel. In addition, a driver accused of a DUI offense has the right to request a second, independent, chemical test at his or her own expense.