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Mississippi DUI Laws: Consequences of a First Offense DUI

By: Lance Mixon, DUI lawyer near me in the Tri-County area near Jackson Mississippi and Drunk Driving Book Co-Author

Lance Mixon

What happens if you get a DUI in MS? Driving under the influence has been a crime in America for over 100 years since automobiles became the primary type of human transportation. If arrested for drunk driving, legal issues (like sitting in the county jail) can arise that are far more worrisome than performing community service hours.

What happens for your first DUI offense? Your driver's license is at risk, for starters since conviction causes license suspension. Plus, if you refused the post-arrest implied consent test of your blood alcohol concentration at the time of your arrest, your license will be suspended in an administrative proceeding under the Mississippi implied consent statute.

What is a DUI?The crime of driving intoxicated or being impaired by drugs in the Magnolia State is broadly defined. The Mississippi DUI law comprehensively prohibits being under the influence of an intoxicating liquor, drug, or other substance or chemical (e.g., paint fumes) which has impaired your ability to operate a motor vehicle.

DUI in Mississippi: 1st DUI Offense Consequences and Penalties, if Convicted

This article about DUI charges, first offense, will address a first DUI conviction in Mississippi. I will discuss that penalties for your first DUI conviction include loss of driving privileges. After reviewing Mississippi DUI penalties, including potential DUI jail time, even first time DUI offenders can see the necessity of hiring a DUI defense attorney with top lawyer ratings.

Other Consequences of Drunk Driving. The criminal aspects of a DUI arrest, including installing an ignition interlock device, can be higher than fines and court costs. If an accident happened when you received your DUI ticket, possible personal injury claims can pose a huge financial risk. For serious injury or death, the DUI first offense jail time can be for a felony.

Some unexpected Penalties for First DUI. The first DUI offense can cause a permanent criminal record for intoxicated driving. This can affect job choices, the ability to travel to some foreign countries, like Canada, limitations on the ability to rent cars from most rental car companies and a laundry list of other loss of entitlement issues.

DUI offenses

At the bottom of this page you can find additional links that answer many questions. The topics include the overall cost of a DUI over the next ten years, the availability of a restricted license if convicted of a DUI, how to beat a DUI, and avoiding sobriety checkpoints.

Every month, tens of thousands of accused citizens arrested for impaired driving defendants search Google with questions like, "should I get a lawyer for my first DUI?" or "do I need a lawyer for my first DUI?" The answer is YES, for 95% of all Americans, and even with a 1st offense DUI. Read more positive DUI stories and reasons set forth in this Web page and the related links.

Carmody Stewart Mixon Six Penalties for a DUI First Offense expect the following DUI-DWI impacts on your pocketbook and your future:
  1. Fines and Jail.Either being fined $250 to $1,000 or being sentenced to jail time of up to 48 hours, or both. MS laws permit a judge to substitute attendance at a victim impact panel for the hours in jail.
  2. DUI education course. All convicted drivers will have mandatory attendance and completion of the MASEP (Mississippi Alcohol Safety Education Program). Not doing this will prevent ever being reinstated to drive, so do not try to avoid it.
  3. DUI License Suspension.Also, mandatory Driver's License suspension of up to one year (this can be dropped to a 90 days suspension with completion of MASEP).
  4. CMV drivers suspended from driving a commercial vehicle for Full Year. commercial driving privileges shall be suspended at the minimum one year, or at the maximum, three years in Mississippi, on a DUI 1st offense.
  5. The Benefit of Not Refusing the Implied Consent Test:Upon a first offense conviction, if the post-arrest chemical test was not refused by the arrested driver, the judge may reduce the time of license suspension period to a minimum of 30 days. This is done under conditions known as causing a "hardship" on the offender, such as transporting children or getting to and from work. To receive this special benefit, the MASEP course must first be completed.
  6. Zero Tolerance for Minors: The MCA, under Section 63-11-30, subsection (3), calls for zero tolerance for drivers under age 21. The zero-tolerance law for those under age 21 will apply to those motorists with a BAC level ((blood alcohol concentration) of 0.02% grams or more, but when their alcohol concentration is lower than 0.08% grams percent. As noted below, a BAC of 0.08% or higher is governed by subsection (2) of MCA Section 63-11-30 penalties.

This can be from any adult (age 21 or over) operator (not behind the wheel of a CMV (commercial motor vehicle) being over the legal limit of 0.08% of alcohol. This can be captured by a post-arrest forensic test of breath, or found by blood extraction showing alcohol, impairing chemicals, or drugs within the blood for persons arrested.

Serious Injury or Death from Alcohol Related Crashes can bring a 25 Year State Prison Sentence

If convicted of a Mississippi DUI 1st offense while operating a motor vehicle under the influence of alcohol, drugs, or other substances, a serious felony is chargeable. Mississippi law makes it a felony to negligently cause serious bodily injury or death to any passenger, other vehicle driver or occupant or a pedestrian. Such accident cases will be accused as a serious FELONY.

MS DUI laws call for the criminal penalties to include up to twenty-five years in the Mississippi State Penitentiary. Plus, the related civil liability is another colossal problem. DUI-related collisions can create tort liability and total costs in the millions for the DUI driver who loses in court.

Paying attorneys near me thousands of dollars to try to keep civil claims within the limits of your auto insurance policy has inestimable value. Such negotiated settlement help can protect you from having non-dischargeable debt (in any bankruptcy proceeding) as set forth in Section 523 of the US Bankruptcy Code.

24 Hour Law Firm Jackson MS Your First FREE Step to Beating a DUI: Get your FREE Case Assessment with Top DUI Attorneys

Whether it is for a loved one or for you, hiring the best DUI lawyer in Jackson MS when this nightmare occurs is the first step. For a FREE consultation to discuss any aspect of your DUI case (i.e., field sobriety testsbreath testing errors) call today to 800-360-3847.

Our three award-winning Mississippi DUI attorneys, Lance MixonVictor Carmody and Kevin Stewart, are standing by to provide a FREE lawyer consultation. What do you have to lose? Our DUI in MS law is found in Mississippi Code Annotated (MCA) Section 63-11-30.

Related links of possible interest:

Repeat DUI Offenses: 2nd DUI offense, 3rd DUI felony Offense, 4th DUI in MS

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