What is a DUI and OUI in Mississippi?

Driving Under Influence (DUI) and Driving While Intoxicated (OUI) is called Operating Under Influence (OUI) in the State of Mississippi. In Mississippi, an intoxication, whether by a controlled substance or an intoxicating liquor, reduces a person’s average ability to control. Therefore, it is unlawful for a person to drive under a condition that impairs the ability to be in control. OUI and DUI are used interchangeably to mean the same offense. DUI (OUI) is a criminal offense as well as a traffic offense in the State. Penalty for the traffic offense is issued by the Driver’s License Division of the Department of Public Safety. Meanwhile, the Municipal Court issued the criminal penalty, which may be appealed to the Circuit Court in the State.

What is the Difference Between a DUI and a OUI in Mississippi?

DUI, also referred to as OUI, is an offense of driving drunk and driving under a controlling influence. Therefore a drunk driver gets the same penalty as a driver under the influence. The Traffic Law in Mississippi defined OUI or DUI as a person operating a vehicle or driving when:

• The Blood Alcohol Content (BAC) is 0.08% or more for a private driver, 0.04% for a commercial driver, and 0.02% for a juvenile
• Under the influence of any substance or illegal drugs
• Under the influence of both illegal substance and an intoxicating liquor
• Under the influence of an intoxicating liquor

What happens when you get a DUI for the First Time in Mississippi?

When a person gets a DUI for the first time in Mississippi, it typically means that the person has failed the chemical test. Following the DUI charge is an immediate revocation of the driver’s license, which may be suspended for up to ninety days if the offender refuses to take the chemical test, and thirty days suspension when the offender submits to the chemical test. Before the license can be reinstated, an offender must have completed the Mississippi Alcohol Safety Education Program (MASEP) and an SR22 insurance policy- this insurance policy implies that the offender is high risk and will bear higher financial responsibility. An offender may appear before the Driver’s License Division to get a restricted license, which implies that an offender must install an Ignition Interlock Device (IID) for up to six months.

Secondly, the offender is made to face the Municipal Court to face criminal charges. The criminal penalties of a DUI charge in Mississippi are:

• At least forty-eight hours of jail time, which can be substituted for a punctual attendance of the Victim Impact Panel.
• Imposition of a fine of at least $250 and at most $1,000 including court cost.
• Regular attendance of the Alcohol Safety Education Program to be paid by the offender.

An offender may get a non-adjudication, which implies that the court does not conclude whether the offender is guilty or innocent. Following a non-adjudication, the court places the driver in a non-adjudication program- a twelve-hour program (MASEP). The offender may have to pay up to $250 for the program and then typically pay the fine of $250 to $1,000.

A non-adjudication may be given to a first time offender who has not caused any personal damage while driving under the influence.

A person may be able to defend the DUI charges with the following:

• Medical conditions that calls for the use of a substance
• The illegality of arrest due to sobriety check flaws
• A biological condition that makes the BAC level rise on its own.

How Likely is Jail Time After a First DUI in Mississippi?

It is likely to get jail time after a first DUI in Mississippi. According to the traffic laws, a subsequent DUI conviction within five of the first conviction calls for a stricter penalty. As stated in Miss. Code Ann. § 63–11–30(2b, c, d), jail time for a second-time offender may be between five days and six months, for a third-time offender may be between one year and five years, while a fourth offender may be sentenced to serve a jail time of between two and ten years.

What are the Typical Penalties for a OUI Conviction in Mississippi?

The penalties imposed on an offender for a DUI conviction depend on factors like; the number of times the offense was committed, the personal injury caused by the driver’s intoxication, the submission to a chemical test, Etc. A first time offender is committing a DUI for the first time or committing a second DUI after five years. A second time offender is committing a DUI offense for the second time within five years of the first sentencing. A third-time offender is committing a DUI offense for the third time after the first five years, while a fourth time offender is committing a DUI for the fourth in a lifetime. The following are the penalties that are imposed on offenders:

• Non-adjudication; This is fairest of all forms of sentencing, which typically means that the court does not convict an offender but places such persons on probation under certain conditions, which is usually to complete an alcohol safety program.
• Alcohol Programs; All offenders are made to go through the MASEP- Mississippi Alcohol Safety Education Program, a 12-hour program. All offenders must also go through the Victim Impact Panel (VIP). All offenders are responsible for the cost of the programs. Apart from a first time offender, all other offenders are expected to go through a treatment program that must be approved by the Department of Public Health.
• License Restriction; A first-time private offender can get an IID for 120 days, a second-time private offender gets an IID for one year. A third-time private offender gets an IID for three years, and a fourth-time private offender gets a ten years IID. There is no license restriction for a commercial driver.
• License Revocation; Once a person is charged with DUI, such a person’s driver’s license is typically revoked. A first time offender’s license may be revoked for 120 days for a private driver and one year for a commercial driver. A second-time private offender’s license may be revoked for one year, while a commercial driver’s license may be revoked for 55 years for the second DUI offense. The third time a private offender’s license may be revoked for the exact days or years of a jail sentence, which begins counting after the offender is released, while a third time commercial driver offender’s license may be revoked permanently. A fourth-time private offender’s license may be revoked for the exact days or years of a jail sentence, which begins counting after the offender is released, while a fourth-time commercial driver’s license may be permanently revoked.
• Fines: A first-time offender can generally be fined up to $250 but not more than $1,000, including state assessment and court cost. A second-time offender may get a fine of up to $600 but not more than $1,500, including state assessment and court costs. A third offender is usually liable for a fine of up to $2,000 but not more than $5,000, including state assessment and court cost. A fourth-time offender is usually liable for a fine of up to $3,000 but not more than $10,000, including state assessment and court cost.
• Community Service; A first time offender may get up to 48 hours of community service. A second time offender may be sentenced to up to 10 days but not more than six months of community service work.
• Jail Time; A first time offender who does not receive non-adjudication may be sentenced to 48 hours of detention. A second-time offender may get up to five days of jail time but not more than six months. A third time offender may be sentenced to at least one year in the department of corrections’ detention but not more than five years. A fourth-time offender commits a felony and may be sentenced to at least two years in the department of corrections detention but not more than ten years.

How Long Does a DUI Stay on Your Record in Mississippi?

A DUI stays for five years on the driving record, but after a second conviction, DUI generally remains permanently on a person’s driving record. In Mississippi, an offender who fulfills the requirements, as stated in Miss. Code Ann. § 63–11–30(13) is typically eligible for an expunction of a criminal record. For DUI to be removed from a person’s criminal record, such person may usually need to:

• Be a holder of a regular driver’s license
• Be a first-time offender
• Have completed all terms and condition imposed by the court
• Have willfully submitted to a chemical test for BAC level
• Have no conviction or pending DUI case
• Be one whose BAC was below 0.16%
• Justifies the expunction of criminal records
• Have not had a prior non-adjudication or expunction of the same offense.

Records that are considered public may be accessible from some third-party websites. Operating independently of any state entity, these websites often make searching simpler. Such sites are not limited by geographic location and offer flexible search options that may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or State that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Find DUI Checkpoints in Mississippi?

The Supreme Court of Mississippi is of the moral stance that the dangers of drunk driving outweigh the intrusion of privacy. Therefore, in Mississippi, a law enforcement agency can institute a random DUI checkpoint, and it is legal. But then, before a checkpoint is certified legal, it must be:

• Publicized before it is set up
• Properly lit, which include visible warning signs or signals that signify the nature of the stop
• Neutral and formal in stopping vehicles. This means that there must be a standard pattern that is to be applied throughout the checkpoint.
• Clear in presenting identity during a stop.

Which is Worse; a DUI or OUI in Mississippi?

A person Driving Under the Influence (DUI) of a controlled substance is generally given the same penalty as Driving While Intoxicated (OUI) in Mississippi.

What is an Aggravated OUI in Mississippi?

An Aggravated DUI in Mississippi is also referred to as DUI Mayhem, a situation where an offender, whether the first time or not, causes severe personal damage to another person. This severe personal injury may include death or mutilation, disfigures or disables the tongue, eye, lip, nose, or organ. A person found guilty of an aggravated DUI may be sentenced to up to 5 years but not more than 25 years imprisonment. Upon the release of such an offender, an IID is imposed for at least five years.

What Happens When You Get an OUI in Mississippi?

DUI in Mississippi is treated the same way as Driving Under Influence and Driving While Intoxicated.