Aggravated DUI in Mississippi

When you are facing a DUI charge in Mississippi, the circumstances of your case determine whether you are accused of a misdemeanor or a felony. While a standard DUI arrest is already a serious matter, an aggravated DUI carries far harsher consequences because it involves additional factors that elevate the severity of the offense. 

Over the years, I have represented many clients who did not realize just how much more severe the penalties become once a drunk driving charge crosses into the aggravated category. Understanding the definition of aggravated DUI, the possible punishments, and the long-term consequences is crucial if you or a loved one is facing this charge.

If you’re facing an aggravated DUI in Mississippi, call 601-948-4444 or use our online contact form for a free consultation with an experienced Mississippi DUI lawyer today!

The Difference Between DUI and Aggravated DUI

One of the most important distinctions in Mississippi law is the difference between DUI and aggravated DUI.

DUI

A basic DUI occurs when a driver operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol, regardless of BAC. However, the charge becomes aggravated when additional “aggravating factors” make the offense more dangerous or harmful.

Aggravated DUI

Under Mississippi DUI law (Miss. Code Ann. § 63-11-30(5)), a DUI is aggravated if the impaired driver causes death, disfigurement, or permanent disability to another person. That means the presence of serious injury or fatality is what elevates a DUI to aggravated status.

The Difference Between DUI and Aggravated DUI

Here is a side-by-side comparison of DUI versus aggravated DUI in Mississippi:

In plain terms, if someone is hurt or killed because of an impaired driver’s actions, the law treats that DUI with far greater severity.

Is Aggravated DUI a Felony?

One of the most pressing concerns my clients have is whether aggravated DUI is treated as a felony. The answer is yes. An aggravated DUI is a felony under Mississippi law, unlike first or second-offense misdemeanor DUIs.

This classification matters because a felony conviction carries lifelong consequences. A felony record can affect your ability to vote, own firearms, secure professional licenses, obtain employment, and even qualify for housing. More importantly, the stigma of being labeled a felon often follows someone long after they have completed their sentence.

Aggravated DUI Sentences in Mississippi

The aggravated DUI sentence is far harsher than that of a standard DUI. Mississippi law requires that anyone convicted of this felony face:

• A minimum of five years and up to 25 years in prison for each death or injury caused.
• Mandatory fines and restitution to victims or their families.
• Permanent felony record.

Unlike a misdemeanor DUI offense, which may involve probation, fines, and license suspension, an aggravated DUI almost always leads to prison time if convicted. Judges have very limited discretion in reducing these sentences, and prosecutors are often aggressive in pursuing maximum penalties because the cases usually involve injured victims or grieving families.

Comparing Standard DUI and Aggravated DUI Penalties

To put the seriousness into perspective, here is a simple comparison:

• First-time misdemeanor DUI: Up to 48 hours in jail, fines between $250 and $1,000, mandatory alcohol education in a Mississippi Alcohol Safety Education Program (MASEP), and a 90-day license suspension.
• Aggravated DUI: Minimum five years in state prison and up to 25 years, per victim, with a felony record that lasts a lifetime.

The difference between the different types of DUI penalties could not be more stark.

Circumstances That Lead to Aggravated DUI Charges

Over my decades of practice, I’ve seen how quickly a standard DUI can escalate into an aggravated DUI. Common circumstances include:

• Accidents resulting in death or serious injury. Even if the injured person is a passenger in your own vehicle, the charge may still be aggravated.
• Permanent disability or disfigurement. Injuries that leave lasting scars or impairments automatically elevate the charge.
• Multiple victims. Each person injured or killed in the accident may lead to a separate count of aggravated DUI, dramatically increasing potential prison time.

Defending Against Aggravated DUI Charges

Because of the stakes, defending against an aggravated DUI requires an aggressive and thorough legal strategy. The prosecution must prove not only that you were impaired, but also that your impairment directly caused the injury or death.

Some of the defenses I have used in these cases include:

1. Challenging the evidence of impairment. Breath or blood tests must follow strict procedures; errors can make results unreliable.
2. Questioning causation. If the accident could have happened regardless of impairment—for example, if another driver ran a red light—then the causal link is weakened.
3. Investigating accident reconstruction. Expert testimony may reveal that impairment was not the proximate cause of the injury.

Even if the evidence is strong, mitigating factors can sometimes reduce sentencing. For example, showing remorse, taking part in rehabilitation programs, or negotiating for a plea agreement might reduce potential prison time.

Long-Term Consequences of an Aggravated DUI

Beyond the aggravated DUI sentence, the conviction carries life-altering consequences. A felony record can make it difficult to:

• Find employment, especially in professional fields requiring licenses.
• Secure housing or rental approval.
• Regain the right to vote or possess firearms.
• Obtain financial aid for education.

I always remind my clients that the legal penalties are only part of the equation. The social, professional, and personal fallout from an aggravated DUI conviction can be just as devastating.

Why Legal Representation is Critical

Because an aggravated DUI is one of the most serious criminal charges related to impaired driving, you cannot afford to face it alone. The prosecutor will be building a case designed to secure the harshest penalties available. Without experienced defense, your chances of avoiding a lengthy prison sentence are slim.

Over the years, I have helped clients facing aggravated DUI charges by carefully reviewing evidence, consulting accident reconstruction experts, challenging test results, and ensuring every possible defense is explored. My role is not just to fight the charges, but also to protect your constitutional rights every step of the way.

Talk To A Mississippi DUI Lawyer Today

If you or someone you love is facing an aggravated DUI charge in Mississippi, you need to understand the gravity of the situation. This is not just a traffic ticket or a minor misdemeanor; it is a life-changing felony accusation that carries years of prison time and a permanent criminal record.

Do not take chances with your future. The first step is to seek immediate legal counsel from a defense attorney experienced in handling aggravated DUI cases. With the right representation, it may be possible to challenge the evidence, negotiate reduced charges, or fight for the most favorable outcome in court.

Call 601-948-4444 to speak with a Jackson, MS DUI lawyer for a free consultation now!