Charged with a DUI in Mississippi? Your license suspension clock may already be running. Call (228) 809-8334 Now — Free Consultation
Charged with a DUI in Mississippi? Your license suspension clock may already be running. Call (228) 809-8334 Now — Free Consultation
DUI arrests in Mississippi are typically classified as misdemeanors at the time of arrest. If there are previous offenses or if a crash caused serious injuries or death, the charge could escalate to a felony. A Moss Point felony DUI lawyer can review the facts of your case and determine which section of Mississippi law applies and whether the prosecution has evidence for each element of the alleged felony offense.
In Moss Point, drivers can face felony DUI charges for crashes on Highway 63, Highway 613, Interstate 10, or elsewhere on heavily trafficked roads within Jackson County. No matter where your incident occurred, it’s important to have an experienced attorney review your circumstances right away.
Miller Law, PLLC represents clients charged with crimes in Moss Point and other communities on the Mississippi Gulf Coast. Attorney Kyle Miller is a lifelong resident of the Gulf Coast who grew up in Pascagoula and attended Pascagoula High School. He earned a bachelor’s degree from the University of Mississippi and then a law degree from Mississippi College School of Law.
Most notably, in 2019, at age 28, Mr. Miller was elected as Jackson County Prosecutor. During his time as prosecutor, Mr. Miller prosecuted over 12,000 misdemeanor cases. He is a member of the Jackson County Bar Association and National College for DUI Defense.
In many states, driving while impaired is a leading cause of fatal accidents. Drunk driving continues to cause people to lose their lives in Mississippi. According to the Mississippi Office of Highway Safety’s fiscal year 2025 Annual Report, 171 people died in drunk driving crashes in Mississippi in 2024. That is an increase from 158 fatalities in 2023.
Mississippi saw approximately 156 deaths per year between 2020 and 2024 due to drunk driving. While repeat DUI offenders can face felony charges, each individual DUI charge may not be filed as a felony unless certain circumstances exist as defined by Mississippi law.
Mississippi Code § 63-11-30 defines the state’s two primary DUI offenses and clarifies how misdemeanor charges can become felony DUI offenses. Probably the most common reason a DUI offense becomes a felony is when the current offense is the third DUI offense within five years. The prosecutor is going to have to prove not only that you committed the DUI offense but also that you have committed the prior offenses necessary for felony treatment.
Another way that a DUI offense can become a felony DUI is if there is a crash that causes death or serious injury. Under Mississippi law, if you violate the DUI statute and negligently cause another person’s death or serious injury, you can be charged with a felony.
Felony penalties for DUI vary based on why the offense is being treated as a felony. A third DUI within five years subjects you to a fine of $2,000 to $5,000 and one to five years in the Mississippi Department of Corrections. Additionally, the court may order that you undergo an alcohol or drug abuse assessment and follow the recommendations of any treatment program.
Death or qualifying serious injuries can lead to significantly higher penalties. You could be sentenced to five to 25 years in prison for each person who dies or suffers an injury as covered by the statute. Due to how drastically these sentences vary, it is important to know the specific reason your DUI is treated as a felony DUI charge.
Mississippi circuit courts have jurisdiction over felony criminal matters. Felony DUI charges brought in Moss Point can therefore be heard in Jackson County Circuit Court. The Jackson County Circuit Court can be found at 3104 Magnolia Street, Pascagoula, MS 39567.
A Moss Point felony DUI attorney can first help determine what prosecutors must prove to justify felony level treatment. For third-offense allegations, this normally involves contacting prior courts to confirm that previous DUI dispositions occurred within the required timeframe.
Local legal counsel understands felony DUI laws and can also clarify what punishment is at stake for the particular charge. Furthermore, an attorney can review plea offers and work to resolve contested factual matters before trial. By deciding to hire a felony DUI lawyer, a defendant can have the legal knowledge they need to proceed.
A DUI conviction remains on your criminal record in Mississippi and is not automatically wiped clean after a certain number of years. First-offense DUI convictions may be eligible for expungement under Mississippi law after meeting statutory requirements. Contact a felony DUI lawyer to see if your conviction qualifies for some type of expungement.
A first-time DUI is generally not a felony in Moss Point, Mississippi. A first-time DUI is typically considered a misdemeanor. However, if the DUI caused injury or death to another person, it can escalate to a felony charge. Regardless, a first-time DUI still comes with significant penalties such as potential jail time and fines.
A Mississippi DUI arrest does not always result in an immediate license suspension, depending on how the offense is handled. Your license may be taken away, however, and you may be issued a temporary license. Once convicted of a DUI, drivers may face additional suspension terms separate from administrative suspension.
DUI convictions in Mississippi do not automatically disappear from all background checks after a specific period. Convictions typically remain public record unless removed by expungement or other means. The range of some background checks is also determined by what records are searched and the purpose of the search. State laws may also influence how far back some searches go.
If you have been charged with a felony DUI, it is important to seek legal counsel right away. Miller Law, PLLC can help you contest the allegations against you. Contact us for a consultation to begin discussing your case.
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