To avoid a DUI in Mississippi, you should know at least these five things.

I. DUI in Mississippi

It is a criminal act to drive under the influence of alcohol and/or drugs. It’s called DUI in Mississippi. DUI is driving with a blood alcohol concentration of 0.08% or higher. For commercial drivers, it’s 0.04% or more. And for those under age 21, it’s 0.02 or higher.

Mississippi has zero tolerance for drinking by young drivers. But it doesn’t insist on a zero BAC. That’s for a very good reason. The state wants to reduce the chances of convicting innocent young drivers.

Here’s the logic. Alcohol breath testers are unreliable. They don’t measure BAC. (That requires the analysis of a sample of actual blood.) They only indirectly estimate BAC.

Another problem is that everyone produces alcohol naturally within their bodies. And they do this 24/7. Clearly that includes all young drivers. Also, many meds and foods contain alcohol. This even includes baked goods such as bread.

So permitting BACs under 0.02% is a good policy.

Also, it’s legal to drink while driving. But the driver’s BAC must remain within the legal limits while at the wheel.

Drivers can still be convicted of DUI with a legal BAC. That’s because some people are impaired below the legal limit. And it’s illegal to drive while impaired. On the other hand, many people have developed high tolerance. As a result, they are not impaired well over the limit. Yet they may not use their lack of impairment in their defense.

II. Penalties

The exact penalties imposed for DUI in Mississippi vary. Many factors cause these differences. They include such things as these.

• • Driver’s Age.
  • Type of license.
  • Estimated BAC.
  • The impairing substance(s)
  • Any prior DUIs.
  • Results of the DUI (property damage, injuries, etc.)
  • Any minors in the vehicle.
  • Skill of driver’s attorney.
  • Characteristics of driver (demeanor in court, race, socio-economic status, etc.)
  • Beliefs and personality of judge hearing the case. That’s just the luck of the draw.

Some penalties are mandated, others are within ranges, and others are purely up to the judge.

One penalty sometimes imposed is to have an ignition interlock device(IID) installed on the offender’s vehicle. This prevents the vehicle from starting if there is alcohol on the driver’s breath. Learn more about ignition interlock devices.

Driver Age 21 or Older

First Offense

• • • Jail for 48 hours and/or a fine of $250 to $1,000.
    • Driving license suspension for at least 90 days. This is with completed Alcohol Safety Education Program and $200 fee.
    • License reinstatement fee of $175.
    • License hardship request fee of $50.
    • Ignition interlock device on vehicle at offender’s expense for restricted license.
    • Proof of increased vehicle insurance for three years.

Second Offense within Five Years

• • • Jail for one to five years.
    • Fine of $600 to $1,000.
    • Driving license suspension for two years.
    • License reinstatement fee of $175.
    • Ignition interlock device on vehicle at offender’s expense for restricted license.
    • Possible vehicle forfeiture.
    • Community service of ten days to one year.
    • Proof of increased vehicle insurance for three years.

Third Offense within Five years

• • • Jail for one to five years.
    • Fine of $2,000 to $5,000.
    • Driver’s license suspension for five years.
    • License reinstatement fee of $175.
    • Ignition interlock device on vehicle at offender’s expense for restricted license.
    • Proof of increased vehicle insurance for three years.
    • Possible vehicle forfeiture.

Commercial Driver

First DUI

• • • Prohibited from driving a commercial vehicle for one year.
    • Penalties listed above for drivers 21 and older also apply.

Second DUI

• • • Prohibited from driving a commercial vehicle for at least three years.
    • Penalties listed above for drivers 21 and older also apply.

Third DUI

Prohibited from driving a commercial vehicle for life. No other penalties apply.

Driver Under Age 21

First Offense

• • • Driver’s license suspension for 90 days.
    • Required fine of $250.
    • Complete alcohol safety education program

Second Offense within Five Years

• • • Driver’s license suspension for one year.
    • Required fine of $500.
    • Diagnostic assessment and treatment for drug and/or alcohol abuse. Offender pays all costs of assessment and treatment.

Third Offense within Five Years

• • • Driver’s license suspension for two years or age 21, whichever is longer.
    • A fine of up to $1,000.
    • Diagnostic assessment and treatment for drug and/or alcohol abuse. Offender pays all costs of assessment and treatment.

Drivers under 21 are also subject to penalties for drivers 21 and older.

III. The Costs

Legal Defense

Getting charged with an DUI in Mississippi is expensive. And this is true even if you’re innocent. Of course, it’s even more expensive if a judge or jury convicts you.

The cost of a legal DUI defense is very hard to estimate. That’s because the complexity of cases varies widely. And more complex cases take more of a lawyer’s time. That means more money.

It’s wise to select a lawyer who specializes in DUI defense. The knowledge and experience of such a lawyer is invaluable. In fact, such a lawyer may take less time.

Its obvious that simply asking lawyers how much they charge per hour isn’t helpful. It’s like asking a car dealer how much it costs to buy a car.

Other Costs

There are a number of other costs. They may include fines, court costs, property damage, medical expenses, possible loss of employment, increased insurance rates, and other expenses. The total can be high. It can easily be more than lawyer fees and expenses. Therefore, the total cost of an DUI can easily be tens of thousands of dollars.

In addition, there are non-money costs as well. They may include pain and suffering, feelings of guilt, embarrassment, driving license suspension, loss of friendships, and many others.

Knowing the high costs of a DUI is very useful. It’s a great motivation. It can help us try to avoid getting one.

IV. Sobriety Tests

Chemical Tests

All states require drivers to submit to alcohol breath tests (estimators). That, in spite of their scientifically proven unreliability.

All drivers have a Constitutional right to decline taking a chemical BAC test. In spite of that, the state punishes those who use their right. For the first use of that right, the state suspends the license for 90 days. If the right is used on a second occasion, the penalty is another 90-day suspension. However, if the driver was convicted of DUI after the first use, the penalty is a one-year suspension.

Field Sobriety Tests

However, no state requires drivers to take a field sobriety test. And that’s good. Simply put, field sobriety tests lack validity. That’s why about one-third of completely sober people with a 0.00% BAC fail them. And they do so under ideal conditions. Nor do they fear arrest and being sent to jail.

A field sobriety test on a rough surface, with cars zipping by, and a police car with flashing lights. That’s not an ideal condition. Plus after being pulled over by police and being very nervous. So the “real world” failure rate for completely sober people must be much higher.

Lawyers strongly urge drivers never to take any field sobriety test. On the other hand, police want suspects to take them. They often falsely insist the law requires it. It doesn’t. Or they say that passing it proves you’re innocent. It doesn’t.

An officer who pulls over a driver for suspected impaired driving is doing a criminal investigation. The officer may legally lie to you. Remember that if you are a suspect in a crime, the officer is your adversary.

Discover much more about field sobriety tests. You won’t like what you learn. But knowledge really is power to protect yourself. Also, learn What to Do If You Are Pulled Over.

V. Avoid Arrest: DUI in Mississippi

One way to avoid a DUI is by not drinking. Other choices are to ride home with a friend, call an Uber, or use a Designated Driver.

Most drivers enjoy drinking alcohol. They may lack a Designated Driver or access to a bus. And they may be unable to afford Uber or Lynks.

So how can drivers drink before driving, yet avoid arrest? The answer is simple and legal. Maintain a low BAC.

These guidelines can help keep a low BAC.

• • Remember that standard drinks of beer, wine and spirits have the same amount of pure alcohol.
  • Have no more than one standard drink each hour. Preferably less.
  • Avoid non-standard drinks. This makes it easier to keep track of alcohol intake.
  • Eat and snack while drinking. This is very important!
  • Have a non-alcoholic drink between alcoholic ones.
  • Accept an alcoholic drink only when it fits your drinking schedule.
  • Never play any drinking game.
  • Don’t try to “keep up” with the drinking of others.

Arrested for DUI in Mississippi?

If you’re charged with an DUI in Mississippi, contact a lawyer right away. The lawyer should specialize in DUI. Better yet is one whose practice is limited to such cases.

The Mississippi Bar (lawyer) Association provides advice on how to select a lawyer. Also, the Martingale guide offers a free on-line database with lawyers by specialty and geographic location. It also provides free client and peer evaluations.

Resources

Web Pages

• • Drunk Driving.
  • Impaired Driving.
  • Teen Drinking and Driving.

Readings

• • Brezina, C. I’ve Gotten a DWI/DUI, Now What? NY: Rosen.
  • Gillespie, L. Police Encounters. Know Your Rights. Gillespie.
  • Hudson, T. The Drinker’s Guide to Driving. Cork: BookBaby.
  • Keech, C. & Fairchild, C. Dude, What are My Rights? Kansas City, MO: Keechild.
  • Lauterjung, L. DUI law for Drivers. How to Avoid DUI Arrests and How to Handle a DUI Stop.
  • Nevels, T. Avoid DWI and Marijuana Charges. Cork: BookBaby.
  • Sagsletter, R. Rights During a Police Stop / DUI in the United States. What Officers Can and Cannot Do. Denver, CO: Outskirts.

Note

This site gives no advice. Please see a lawyer for that.