Aggravated vs. Non-Aggravated DUI 1st Offense - DUI in MS

By: DUI criminal defense attorney Vic Carmody, Legal Book Co-Author with Partner Kevin Stewart, DUI attorney Mississippi.

Victor Carmody has been Rated as the Best DUI Lawyer in Mississippi for over three decades. His prior work as a law enforcement officer and a Vietnam veteran prepared him to litigating driving while impaired cases.

Can you drink and drive in Mississippi? Drinking and driving in Mississippi can lead to DUI charges. Many people routinely conduct Google searches for "is DUI a civil or criminal offense" and that answer --- nationwide --- is CRIMINAL.

Police in Mississippi are trained to investigate and arrest those motorists who are drunk driving. They use breathalyzer tests and field sobriety tests to check for impairment.

Is a DUI a Criminal Offense? Yes, it is and can have devastating consequences for a person, especially if a repeat offender. A first offence DUI, though, is just as vitally important to win as any other impaired driving crime.

What is so bad about a DUI 1st Offense? Because the penalties for your first DUI conviction include potentially having it on your criminal history for life, that consequence alone will cost you dearly in opportunities as well as personal and business hurdles. Then, if by some chance a 2nd offense DUI occurs, the very harsh loss of driving privileges and jail time required by Mississippi DUI laws can be life-altering.

A DUI in Mississippi can result in first-time DUI jail time. Being convicted means that certain penalties and criminal record consequences for drunk driving can plague a person for decades after the case is concluded.

Is it Worth Getting a Lawyer for First DUI? Without question, yes. If this was a conviction, you could carry this serious legal blemish to the grave.

So, the answer to the common question: "Do I need an attorney for DUI first offense?" is YES. Luckily, even for indigent DUI arrestees, a public defender is guaranteed by the 6th Amendment of the United States Constitution.

Is there a possibility of D.U.I. first offense MS jail time? Positively, this can happen. The DUI statute in Mississippi calls for 48 hours of jail time, as the minimum time, but (with the proper legal assistance), this harsh penalty can often be avoided.

This article will explain them clearly. A common question we get is, "Is a first offense DUI a felony?" The answer is usually no, but there are exceptions.

Statistically, over 75% of DUI arrests in Mississippi are for first-time offenders. However, Mississippi DUI sentencing guidelines limit a judge's choices for imposing certain minimum punishments.

The best DUI lawyers can help you understand this during your consultation. Felony DUI convictions can put a person away for years in a state prison, not to mention that the person will not have any driving privileges when released.

What is the difference between DUI and DWI? In some states, DUI and DWI mean the same thing. DUI stands for “driving under the influence,” while DWI means driving while intoxicated or impaired. States like Texas and North Carolina use their DWI terms differently, but they refer to the same serious traffic crime.

To comprehend your DUI charge, our Mississippi attorneys need several items. We need the police report and the breathalyzer test results. Additionally, any arrest footage is crucial, including videos from body cameras or patrol car cameras. This data is vital for both initial DUI offenses and repeat violations in Mississippi.

1st offense DUI in MS. Mississippi has some of the most lenient laws for open container violations. However, DUI laws in MS can lead to license suspension. This can affect a person's job. A first DUI offense may stop someone from driving company vehicles or renting cars needed for work.

Mississippi legal alcohol limit. In Mississippi, there are three important "legal limit" numbers to remember. For adults not driving a commercial vehicle, the limit is 0.08 grams percent. For a small woman weighing under 105 pounds, this is less than 2 standard drinks.

A 1st offense DUI in Mississippi can be tough for an adult driver. However, the legal issues become much worse if someone is seriously hurt or killed. In these cases, even a first-time DUI offender can face serious felony charges.

Any DUI crash that ends with someone's death or causes serious injury can be upgraded to a more serious felony charge. This includes injuries that disfigure, disable, or destroy parts of the body, like a tongue, eye, or limb.

The District Attorney can combine these cases, seeking 5 to 25 years in prison for each victim. The arresting officer does not influence this “charging” decision that is made by the Prosecutor.

A different BAC "threshold" and rules apply for minors (drivers under twenty-one) and CDL license holders. For commercial vehicle operators, a CDL permit holder must have a BAC under 0.04 grams percent. If a driver refuses a test or has any alcohol reading, the vehicle cannot leave the scene for 24 hours.

The "zero tolerance law" applies to drivers who are underage (20 or younger). These drivers must have a BAC level of 0.02 grams percent. Some may wonder, "Why not absolute zero for underage drivers?"

This is Mississippi's zero-tolerance law for alcohol. It means that any level of 0.020 or higher is a DUI. This small amount is used instead of 0.00. Breath alcohol testing devices have a known error margin of 0.02 grams percent. This is because of sampling variability.

This section explains what happens for your first DUI offense in Mississippi. It does not cover how to avoid a first DUI, which is discussed later. When discussing a first DUI in Mississippi, we will also mention penalties for a second DUI for comparison.

The DUI fine in Mississippi is often the least concerning part of a first offense. Most clients worry about going to jail for a first DUI and want our lawyers to help them avoid that punishment.

A first-time DUI offense leads to mandatory penalties in Mississippi. This means that if you are convicted of a first DUI in Mississippi, your sentence will include these penalties: Under the Mississippi criminal code, 63-11-30, the very punitive provisions of state DUI laws in MS can be better understood.

• A first offense DUI can result in a fine of $250 to $1,000. State assessments and court costs also exist. As stated above, a person may face up to 48 hours in jail, a fine, or both.
• In Mississippi, first-time DUI offenders must attend the Mississippi alcohol safety education program which is commonly called MASEP. These are DUI classes or our DUI school in Mississippi.
• A driver’s license can be suspended for 30 to 90 days. The length of the suspension depends on whether the driver took the implied consent test.
• A judge can impose up to 2 years of supervised probation.
• Plus, an ignition interlock will be required for 90 days after the suspension period for all driver.
• A first offense DUI conviction may last forever, at least for NCIC (National Crime Information Center) record-keeping.

Mississippi DUI sentencing guidelines increase jail time and penalties for second offense DUIs. Drivers can lose their driving privileges and face jail time from 10 days to 6 months. Those with a second DUI should expect to pay more in legal fees than for their first offense.

In addition to longer jail sentences, repeat offenders often must finish a treatment program. If there are serious factors, like a hit and run while drunk, the punishment will be tougher. In these cases, your DUI lawyer might win a DUI case, but not for a hit and run on the first offense.

What are the consequences for a first offense if convicted of driving under the influence in Mississippi? A DUI lawyer has more options to resolve a first offense case in Mississippi than for a second DUI.

Our two award-winning law partners have 65 years of criminal defense combined legal experience, and thousands of those cases have been defending DUI cases. Senior Partner Victor Carmody is the only Board-Certified DUI lawyer in the Magnolia state.

Our DUI defense attorneys travel across the entire state to help those accused. Mr. Carmody has also traveled to over 25 other states to fight DWI vs DUI cases, when a person has everything on the line.

What do you have to lose by getting a consultation with our lawyer? The call and the initial legal advice are FREE. Dial our law firm to get started on finding your best solution by dialing our 24-hour a day toll-free number 1-800-360-3847 (1-800-360-DUIs) NOW.