First Offense DUI in Mississippi

When an individual in Mississippi operates a vehicle while impaired by alcohol or drugs, they commit a criminal offense, which is legally called Driving Under the Influence (DUI) in the state. Even a first-time DUI offense in Mississippi is not to be taken for granted. Being convicted may lead to significant legal, personal, and financial consequences for the offender.

Per Mississippi Code § 63-11-30, a driver, 21 years or over, may be charged with a DUI if they have a blood alcohol level (BAC) equal to or greater than 0.08% or 0.02% or higher for under 21. Commercial drivers are charged with a DUI if they have a BAC level equal to or greater than 0.04%. A driver in Mississippi may also be charged with DUI if their ability to drive a car is impaired by alcohol, regardless of their BAC levels.

What Qualifies as a First DUI in Mississippi?

Under Mississippi law, a first DUI occurs when a driver is convicted for a first-time offense under Mississippi Code § 63-11-30 without prior convictions on record. Not that while a first offense designation hinges on not having a previous conviction, it does not require proof of accident or injury.

Law enforcement officers in Mississippi determine driver impairment through chemical tests, field sobriety tests, and observations. Generally, an officer may stop a driver for erratic driving or after a traffic violation and observe for slurred speech, bloodshot eyes, drug or alcohol odors, and confused or delayed responses during the stop. An open alcohol container in the vehicle is also a potential sign of alcohol use.

Where officers suspect impairment, they may further ask the driver to perform some tests to assess their coordination, balance, and cognitive function. These tests track eye movements, the ability to walk in a straight line, and one-leg stands. Law enforcement officers in Mississippi also use a handheld breathalyzer at the roadside as preliminary screening, which is not admissible in court.

If arrested for a DUI, the driver may be required to submit to one or more chemical tests to measure their drug or BAC levels using a certified breath test machine at the station, a blood test, or the less common urine test. If drug impairment is suspected, an officer specially trained may conduct a Drug Recognition Expert (DRE) evaluation to identify the substance used.

Possible Penalties for a First Offense DUI in Mississippi

Possible penalties for a first-time DUI offense in Mississippi include:

• Criminal penalties such as fines ranging from $250 to $1000, up to 48 hours of jail time
• Administrative penalties such as driver's license suspension for 90 days to 1 year
• Mandatory attendance in an alcohol safety education program like the Mississippi Alcohol Safety Education Program (MASEP)
• More severe penalties if a minor was in the vehicle, the driver caused injury or death, or if BAC was higher than 0.15%
• An Ignition Interlock Device (IID) may be required to qualify for a hardship or restricted license

Do You Lose Your License for a First DUI in Mississippi?

In Mississippi, the Mississippi Department of Public Health Safety (DPS) may suspend a driver's license via administrative process if the driver fails a chemical test, such as breath, blood, or urine, or refuses to take a test. After the failure, the DPS may mail the driver a notice, after which the driver has 30 days to request an administrative hearing to contest the suspension. Failure to request a hearing may lead to an automatic suspension at the end of the 30 days.

If convicted after a first DUI, the driver's license may be suspended for 120 days. To continue driving during this period, the court authorizes installing an approved ignition interlock device (IID).

What Is the Implied Consent Law in Mississippi and How Does It Affect First DUI Cases?

The Mississippi Implied Consent law (Miss. Code § 63-11-5) implies that anyone driving on a public highway is deemed to have agreed to submit to chemical testing if arrested for suspicion of a DUI. This is testing through blood, breath, or urine. The law requires that an officer inform you of potential consequences at the time of arrest. A first-time refusal leads to a 90-day administrative license suspension for a regular driver's license, while commercial drivers who refuse get a one-year suspension of their commercial driver's license. Suspension may be contested via an appeal for an administrative hearing within 30 days of the notice. Mississippi Code § 63-11-41 states that the evidence of refusal is admissible in court in a criminal action against the driver.

Is an Ignition Interlock Device Required for a First DUI Offense in Mississippi?

An ignition interlock device is not mandatory after a first DUI offense, per Mississippi Code § 63-11-31. However, it is a means for first-time offenders to regain their driving privileges during the suspension period. Where the court mandates the IID, the driver is to install it on every vehicle they operate and maintain the IID-restricted license for 120 days.

Mississippi does not tie IID to a high BAC or the presence of a child passenger. Under Mississippi laws, the offender solely bears the cost of the installation or leasing, monthly calibrations, and removal unless the court rules that the offender cannot afford the associated fees. The court rules that the offender cannot afford the expenses up to $100 for installation and removal, and $30 per month may be provided by the state's Interlock Device Fund.

Can a First DUI Be Dismissed or Reduced in Mississippi?

Mississippi law does not categorically offer options for reducing a first DUI or for dismissal. However, prosecutors and defense attorneys may negotiate charge or sentence bargains in some cases. Mississippi also offers a non-adjudication option, such as Mandatory attendance in an alcohol safety education program like the Mississippi Alcohol Safety Education Program (MASEP), which offers dismissal of the charges upon successful completion.

Long-Term Consequences of a First DUI

A first DUI offense may cast a long shadow beyond the immediate suspension and fines. It may present itself as a permanent criminal record that shows up in future background checks made by landlords, lenders, and employers who may respond in a way not favorable to the offender. It may also impact the offender's car insurance premiums by increasing them, or in some cases, some insurers may outright refuse to insure.

A DUI may disqualify you for employment in driving-related roles, as most employers may require a clean record. Non-driving-related roles, such as those in education, health care, defense contracting, finance, and government, may also delay hiring or outrightly disqualify a prospect with a DUI.

Do You Need a DUI Attorney in Mississippi?

There are multiple compelling reasons to hire a DUI attorney in Mississippi. An attorney may help to navigate the complex procedures, challenge the state's evidence, negotiate for charge reductions, and minimize penalties and collateral consequences. While an offender may opt not to hire an attorney, hiring one may provide peace of mind if the case goes to trial and offers the best chance to protect driving privileges, records, and the future.