First Offense DUI in Mississippi: Penalties and Defense Strategies

The decision to drive under the influence (DUI) can have lasting repercussions that can be felt throughout your entire life. Even a first offense DUI in Mississippi can land you with a criminal record if you get convicted. Depending on the details of your offense, you could end up getting the charges dismissed, but you could also end up serving your full sentence. A first DUI in Mississippi is something to take very seriously, and you may want to reach out to a DUI lawyer for help.

A DUI conviction can have a negative impact on your life’s trajectory. You could end up with a criminal record that may follow you forever. A criminal record has the power to impact your professional reputation, prevent you from getting decent housing, and even hurt your personal relationships. The last thing you want is for a bad mistake to permanently affect your future. You should consider reaching out to a DUI lawyer who can help fight the charges against you and explore the possibility of expungement.

Penalties for a First Offense DUI

The state of Mississippi has very strict laws surrounding DUI offenses. Drunk driving laws are in place to make the roads a safer place for all drivers, including the offender. Unfortunately, alcohol-impaired driving accounts for 18% of all traffic fatalities across the state.

Mississippi state law declares that any driver who is pulled over and found to have a blood alcohol content (BAC) of 0.08% or higher is considered over the legal limit, at which point they can be arrested. If you’re underage, the limit is 0.02%. If you’re a commercial truck driver, the limit is 0.04%.

If you are pulled over on suspicion of drunk driving and are arrested, the penalties can be severe even if this is your first offense. You could end up facing a fine of anywhere between $250 and $1,000, up to 48 hours in jail, a suspension of your driver’s license for up to 90 days, and you may have to attend an alcohol safety education program. If there are certain aggravating circumstances in play, such as child endangerment, the penalties could increase substantially.

A DUI can also substantially increase your insurance premiums. State Farm, Alfa, Progressive, and Shelter Insurance all tend to have higher premiums for drivers with DUIs on their record, averaging a 66% increase in annual premiums post-DUI.

Also Read:

• Felony DUI Causing Injury in Mississippi

Getting Arrested for a DUI

When you are arrested for a DUI, it is very important that you comply with the arresting officer. The worst thing you could do for your situation is try to flee. You may be asked to take a breathalyzer test, which you can refuse but not without penalties. By obtaining a driver’s license in Mississippi, you implicitly consent to breath, blood, and urine tests. Failure to comply can result in a mandatory license suspension.

Even under arrest, you still have your constitutional rights, and you should use them. You are afforded the right to legal counsel and the right to remain silent. The police may try to intimidate you into admitting something incriminating, as their case against you may not be as strong as they claim. Simply request your lawyer and refuse to answer their questions. You are innocent until proven guilty. Never forget that. When your lawyer arrives, let them do the talking for you.

Defenses Against a DUI

An arrest is not the end of your case. In many ways, it’s only the beginning. With the help of an experienced DUI lawyer, you can start putting together a solid defense strategy. In order to get the conviction they want, the prosecution needs to be able to prove your guilt beyond a reasonable doubt, and that is not always easy to accomplish. A good defense lawyer can introduce reasonable doubt, among other strategies. Here are some defenses you might use:

• Challenge the traffic stop. In order to pull you over in the first place, the police need to have probable cause to search your vehicle. A hunch is not enough to warrant pulling you over. If they can’t produce probable cause for the traffic stop, that might be enough to throw out any evidence that was collected from inside the car, including your intoxicated state.
• Faulty breathalyzer test. Breathalyzer tests are not infallible. If the test is not administered or stored properly, there could be an incorrect result. Your lawyer may challenge the validity of the test by bringing into question the officer’s competency to administer the test in the first place.

FAQs

Q: What Is the Penalty for a First Offense DUI in Mississippi?

A: The penalty for a first offense DUI in Mississippi depends largely on the circumstances surrounding your DUI. If nobody was hurt and there are no aggravating factors, the penalties for a first time DUI can include a fine, jail time, suspension of your driver’s license, and mandatory attendance in an alcohol safety education program.

Q: Is Your License Suspended Immediately After a DUI in Mississippi?

A: No, your driver’s license is not suspended immediately after a DUI in Mississippi. Under the state’s implied consent laws, your license may be suspended if you refuse to take a breathalyzer test after a traffic stop. You only have 30 days to challenge the suspension. Other than that, your license may be suspended following a DUI conviction.

Q: What Is the Most Common Penalty for a First Offense DUI?

A: The most common penalty for a first offense DUI varies from case to case. It depends entirely on the circumstances of the situation Common penalties can include hefty fines, jail time, probation, and a driver’s license suspension. Talk to an experienced Hancock County DUI lawyer to discuss the details of your case and get a qualified opinion about a likely outcome.

Q: How Long Does a First Offense DUI Stay on Your Record in Mississippi?

A: A first offense DUI conviction stays on your driving record in Mississippi for five years. However, the conviction can remain on your criminal record permanently. Depending on the details of your conviction, you may be able to petition the court for an expungement on the record, but only if it was a nonviolent offense.

Contact Us Today

At Miller Law Offices, we can help you work through your DUI charge and build a strong defense. Contact us today to schedule a consultation with a valued team member.

See Related Posts:

• Is Your License Suspended Immediately After a DUI in Mississippi?
• How To Expunge a DUI in Mississippi?