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Missisippi Drunk Driving DUI Defense

DUI laws in Mississippi Summary:

If you are arrested in Mississippi for DUI or drunk driving, you basically have two separate cases. First there is the actual court case where a DUI conviction can result in fines, jail time, mandatory alcohol education programs, and more. The other case is the administrative part where the Department of Public Safety is trying to take away the driver's license of anyone arrested for drunk driving.

Let one of the qualified DUI attorneys at Coxwell & Associates answer any questions that you, or someone you care about, have about DUI . Contact Coxwell & Associates by calling 601-948-1600. The lawyers at Coxwell & Associates have handled countless DUI cases over the years and have acquired valuable experience in helping you with your DUI case.

This web site provides general information concerning Mississippi DUI law.

THE BASICS:

Mississippi DUI law makes it illegal to operate a vehicle while under the influence of alcohol, or while having a blood alcohol level of .08% or more. For persons under 21, having a blood alcohol level of .02% or more is considered illegal. The legal limit is .04% for those driving commercial vehicles.

Mississippi drunk driving arrests trigger administrative license revocations, meaning that when someone is arrested in Mississippi and has a blood alcohol content of .08% or greater, their driver's license will be taken away on the spot. You receive a temporary driving permit pending your DUI trial and this temporary license may be extended by requesting an extension through the Court to allow you to drive until your court date.

BREATH TEST REFUSAL HEARING

If you are charged with DUI in Mississippi and you either refused to submit to a breath, blood, or urine test, or you gave a test where the results were .08% or higher, the state will attempt to suspend your license or privilege to drive for 90 days to one year. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a test refusal petition within 10 calendar days after the mailing of a notice of letter of intent to suspend. Filing a test refusal petition does not postpone the suspension.

The license you receive when there has been a refusal to take a state-administered test is valid for only forty-five (45) days from the date of the arrest. This license cannot be renewed or extended for any period of time. The test refusal hearing is conducted by the County Court Judge or a Circuit Court Judge (in those Counites which do not have County Court judges) in the county of your arrest. There will not be a jury. The decision will be announced at the end of the hearing. The burden is on the State to prove that you were operating your vehicle while under the influece of intoxicating beverages (or other substance) and that you refused to submit to a valid blood, breath or urine test. The burden of proof is not as great as in a criminal trial ("beyond a reasonable doubt").

Instead, the State has to prove their case by a "preponderance of the evidence" which means "more likely than not". The State is required to show, among other things, that the officer had "probable cause" to stop your vehicle. Many DUI refusal cases have been won where the officer did not have probable cause to stop the vehicle. The hearing is needed to determine if you will be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Mississippi prior to your trial. In addition, this hearing offers a great opportunity to cross-examine the officer under oath about the facts of your case. Since this is a civil hearing, you are entitled to conduct discovery, i.e, take the officer's deposition, propound questions to the officer which he has to answer under oath etc., which will further help you prepare for your case.

DUI TRIAL
Your first DUI trial will take place in either a Justice Court or Municipal Court. These courts do not have court reporters so Coxwell & Associates retain court reporters to take down all the testimony.

This is important if you are convicted and have to appeal. If you are found guilty in the Justice or Municipal Court, you can appeal that conviction to County Court (or Circuit Court in those counties which have no County Courts) where you will get a trial de novo, meaning that you are entitled to have a "new trial" on the merits of your case.

Appeals must be filed within 30 days of your conviction in Justice or Municipal Court. If you are convicted in County Court, you are entitled to file an appeal to the Circuit Court, but you may only submit briefs. Live testimony is not allowed. Thereafter, appeals to the Mississippi Supreme Court or Court of Appeals are only permitted if you raise constitutional issues. PENALTIES Criminal penalties in Mississippi drunk driving cases are very serious.

The penalties are listed below.

DUI convictions are maintained on your criminal record for 5 years, meaning that prior DUI offenses can be used to trigger multiple-offender punishment within five years of your first offense.

Third-offense DUI cases ( meaning 3 offenses committed within 5 years) are treated as felonies in Mississippi. Vehicle impoundment and forfeiture laws are also on the books for Mississippi DUI cases.

Mississippi Code 63-11-30 (1972 as amended):

Zero Tolerance For Minors (Under 21)
First Offense (Under 21)

  • Applies if you take the test and the results are between .02% -.08% Breath Alcohol Concentration
  • Refusal, You Are Treated Like An Adult First Offense
  • Fine $250
  • Victim Impact
  • Alcohol Safety Education Program (MASEP)
  • Licensed Suspended Ninety (90) Days
  • Thirty (30) Days If No Breath Test
  • Refusal May be Non-Adjudicated At Court's Discretion

Second Offense (Under 21)

  • Fine Up To $500.00
  • License Suspension One (1) Year (Reduction To Six (6) Months After Certified Alcohol/Drug Program)

Third Offense (Under 21)

  • Fine Up To $1,000.00
  • License Suspension For Two (2) Years Or Until Age 21 (Whichever Is Longer)
  • Completion Of Certified Alcohol/Drug Program

Adult Offenses (Over 21)

First Offense (Over 21)

  • Fine $250-$1,000 And Court Costs
  • Forty-Eight (48) Hours In Jail
  • License Suspension For One (1) Year
  • MASEP & Victim Impact

Second Offense Within 5 Years (Over 21)

Fine $600-$1,500 And Court Costs

Five (5) Days To One (1) Year In Jail And Ten (10) Days To One (1) Year Of Community Service

License Suspension For Two (2) Years

Automobile Impounded Or Immobilized For Term Of Suspension

Third Offense Within 5 Years (Over 21)

  • Fine $2,000-$5,000
  • One (1) To Five (5) Years Incarceration At The State Penitentiary
  • License Suspension For Five (5) Years
  • Automobile Seizure And Sale With Proceeds To The State
  • Felony Conviction - Loss Of Civil Rights (cannot vote or own a handgun) DUI Resulting In Death Or Disfigurement Any person who is DUI and in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall face the following punishment: Felony Conviction - Loss Of Civil Rights (egs.,cannot vote or own a handgun) Imprisonment In State Penitentiary For A Period Of Time of Not Less Than Five (5) Years And Not To Exceed Twenty Five (25) Years.

License Reinstatement

  • Must Attend MASEP (Mississippi Alcohol Safety Education Program), $150 For Four (4) Three (3) Hour Sessions Over The Course Of One (1) Month.
  • Proof Of Insurance. Sr-22 Filed For Three (3) Years.
  • Proof Of Payment Of Fines And Completed Jail Time.
  • Reinstatement Fee Of $100 Hardship License (Available Only To First Time Offenders Who Take The Intoxilyzer Test.) Only Available for the following purposes:
    • Continue employment
    • Continue attending school or an educational institution; or
    • Obtain necessary medical care
    • License Will Be Suspended A Minimum Of 30 Days Before Hardship License Can Be Granted.

Refusal Penalties 63-11-23

  • 1st Offense - Suspension Of License For 90 Days
  • 2nd Offense - Suspension Of License For 1 Year
  • 3rd Offense - Suspension Of License For 1 Year
  • Suspension Is In Addition To Any Suspension For A Conviction and Is Consecutive To Any Other Suspension Period