A Complete
Guide to Mississippi
Drunk Driving Laws
& Penalties
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Table of Contents
A COMPLETE GUIDE TO MISSISSIPPI
DRUNK DRIVING LAWS & PENALTIES
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Introduction
What You Need to Know About Mississippi
Drunk Driving Laws & Penalties
Drunk Driving Defense Tips
Facing Something as Serious as a DUI Charge Can
Leave You Feeling Stressed, Anxious & Fearful ...
What Should You Look for When Choosing
an Attorney to Represent You
Remember, DUI Charges are Serious
How to Find a Highly Qualied
Attorney You Can Trust
The Bottom Line …
The Next Step …
Introduction
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There are few crimes that carry such
severe and long lasting implications
as a DUI/OUI conviction.
Having an experienced attorney on
your side can make the dierence
between huge legal expenses and a
long drawn out penalty or an easy,
more just ending, possibly even an
acquittal.
Ask anyone who has been through
the process and they will tell you to
get an attorney and get one as soon
as possible after your DUI/OUI arrest.
Your future could depend upon it.
Here are just some of the penalties
that can be possible with a DUI
charge:
Jail time
Probation
Alcohol rehabilitation program
Exorbitant nes and fees
Restitution
Work programs
Secured electronic connement
Installation of an ignition interlock
device
Drivers license suspension
INTRODUCTION
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At Tannehill, Carmean & McKenzie
Attorneys at Law, you will nd
attorneys who are powerful
advocates with the skills and
experience to protect your rights and
help you reach your legal goals in this
dicult period.
We exist, rst and foremost, to
protect you and your family. We
strive to promote a positive and
secure environment for our clients.
We understand that these are
stressful times with the recent
pandemic and accompanying
recession and we want to be there
for you to help you take the actions
necessary to protect yourself, your
family, your rights and your assets.
You can trust us to always
act in your best interests and
to handle every aspect of your
case with professionalism,
ethics and transparency.
You can also count on us to deliver
results. We realize that when it
comes to criminal defense, it’s results
that matter and that is what we are
best known for delivering.
When facing a DUI charge, many
clients wonder how they should
respond … what their best course of
action is.
They ask questions like:
What are the DUI laws in
Mississippi?
What can I expect if I’m facing
DUI charges? What are the
penalties? What is the legal
process?
What are the basics that I really
need to understand about
Mississippi DUI law?
Can DUI be expunged in
Mississippi?
Is Mississippi a zero tolerance
state?
These are all very valid concerns
– and we will address them all a
little later in this guide.
But rst, a quick word about the
recent pandemic. As the more
people get vaccinated and the
pandemic draws to a close, you may
be worried about backlogs in court
cases.
INTRODUCTION
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You may be worried about how long
your case is going to take and what
you can expect as things move
forward. We are here to help you
get through this uncertain period.
We realize that even though many
of us are staying home, life doesn’t
stop. There are concerns that
must be dealt with and your rights
and your family’s welfare must be
protected.
We are known for handling each
contact and case with the utmost
urgency and empathy. Our attorneys
will address your legal issues and
help you avoid the stress that can
come with uncertainty about your
case.
We created this specic guide to help
you more easily get the answers you
need to facing a DUI/OUI charge in
Mississippi. So let’s continue on ...
What You Need to
Know About Mississippi Drunk
Driving Laws & Penalties
A COMPLETE GUIDE TO MISSISSIPPI
DRUNK DRIVING LAWS & PENALTIES
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Mississippi DUI (Driving Under the Inuence) or OUI (Operating Under the
Inuence) laws prohibit a person from driving under any of the following
circumstances or conditions:
With a blood alcohol content (BAC) of .08% or greater (.04% or more if the
driver is operating a commercial vehicle)
While under the inuence of any illegal drug or substance
While under the inuence of any drug or intoxicant
While under the inuence of intoxicating liquor
“Under the inuence” is dened under Mississippi law as “a state of intoxication
sucient to lessen a person’s normal ability for clarity and control.”
Under Mississippi DUI law, a driver who has a BAC of .08% or more can be
convicted of what is called a “per se DUI” regardless of their level of actual
impairment.
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The amount of alcohol required to reach a .08% BAC depends on a variety of
factors including a person’s weight, type of alcohol consumed and more.
What Are Mississippi’s DUI Penalties?
Penalties in DUI cases are handed down by a judge. The judge’s decision is
limited by certain parameters, which include a driver’s previous number of DUIs
(including out of state convictions).
Also, rst and second oense DUIs are considered misdemeanors and when
determining whether an oense is a rst or second oense only the last ve
years are looked at.
A third or subsequent DUI within a lifetime is considered a felony.
Penalties for a DUI charge include:
1st Oense: 2nd Oense: 3rd Oense:
Up to 48 hours in jail 5 days to 6 months in jail 1 to 5 years in jail
A ne of $250 to $1,000 $600 to $1,500 ne $2,000 to $5,000 ne
Additional Penalties You Need to Know About:
A second-oense DUI conviction requires the oender to complete 10 days
to 6 months of community service
A second or subsequent oense requires the convicted person to complete
an in-depth diagnostic assessment for alcohol or drug abuse. The driver
must then follow any recommendations, including a treatment program
An oense that results in injury or death can be charged as an aggravated
DUI. For each injury or death, the convicted driver can face ve to 25 years
in person
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An impaired driver who transports a passenger under 16 can be charged
with a separate misdemeanor for child endangerment. For each child, there
can be a separate charge that carries up to $1,000 in nes and a maximum
of 12 months in jail. If the child is killed or injured, the charge will be a felony
and result in a $10,000 ne and ve to 25 years in prison
Driver’s License Sanctions:
A DUI conviction and chemical test failure (a BAC of .08% or more) is reported
to the Commissioner of Public Safety. The Commissioner then suspends the
person’s driver’s license for:
120 days for a rst oense
1 year for a second oense
3 years for a third oense, and
10 years for a fourth oense.
Note: Prior to license suspension, DUI oenders are permitted to apply for
a restricted ignition interlock device (IID) license. With this license, applicants
pay all applicable fees and install an IID on all vehicles that they drive.
Any owned vehicles not equipped with an IID must be immobilized or
impounded. A driver with an IID license can continue to drive the IID-
equipped vehicle during the DUI license suspension.
All convicted drivers must complete the alcohol safety education program
and all other court-ordered requirements to be eligible for license
reinstatement.
What is Non-Adjudication?
This means that if you are facing a rst-oense DUI, you may be eligible for a
“non-adjudication” determination.
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Under non-adjudication, the driver must complete an alcohol safety program,
complete a 120-day ignition interlock device (IID) requirement, and pay various
nes and fees.
If the driver successfully does all of these things and completes the program,
the case will not result in the normal DUI penalties.
One thing to keep in mind here: a non-adjudication is counted as a prior DUI
conviction if the driver is convicted in the future of another DUI oense.
Can I Refuse a Breath Test in Mississippi?
Mississippi’s “implied consent” laws require all drivers who are lawfully arrested
for driving under the inuence to submit to a breath or blood test.
Drivers who refuse testing are subject to immediate license seizure and a 90-
day license suspension.
A driver facing a DUI charge who has a prior refusal or DUI conviction on their
record will have their license suspended for one year.
What if I’m Underage & Charged With DUI?
Drivers who are younger than 21 years old can be convicted of a separate
oense for operating a vehicle with a BAC of .02% to .08%.
The rst oense results in a $250 ne and a 120-day license suspension and
requires the oender to complete an alcohol safety program.
The driver may also have to attend a victim impact panel.
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A third oense carries a $1,000 ne, a two-year license suspension (or until age
21), and requires treatment.
Mississippi prohibits plea negotiations to reduce the penalties associated with
a DUI. However, non-adjudication and other possible agreements can
help reduce DUI penalties. For this reason, it is recommended that you have
a good lawyer on your side.
Call (662) 337-7868 or click here to schedule a free consultation.
Drunk Driving Defense Tips
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Tip #1 – Know Your Rights When It
Comes to DUI/OUI Charges
The truth is law enforcement personnel working in the various departments
across Oxford and Lafayette County, Mississippi, are always on the lookout for
intoxicated drivers.
In their enthusiasm to keep the roads safe from impaired drivers, some police
ocers overstep their boundaries. While the intentions of the law and those
who enforce it may be good, being arrested and convicted of driving under the
inuence can have a devastating impact.
That’s why you need to be aware of your rights. For example, we have had
success getting charges dismissed using defense strategies like the following:
Lack of probable cause – With the exception of roadblocks and DUI
checkpoints, a law enforcement ocer must have probable cause to pull
you over. If none existed, any other evidence they obtained after the stop
could be ruled inadmissible.
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Violation of your rights – If you make a statement to the police, it can’t be
used as evidence against you if they failed to read you your Miranda rights.
Other explanations – There might be other explanations for your behavior
or appearance, such as a medical condition.
Faulty testing – A police ocer may not have been properly trained on
the use of a breathalyzer machine, or the machine might have been poorly
maintained.
Tip #2 – Get a Good Lawyer
on Your Side
Find a good defense attorney – like those at Tannehill, Carmean & McKenzie
Attorneys at Law – and work closely with him or her. You should also keep a
detailed log of everything that is related to your case (we talk about this more
in tip #3). The more information you can give your attorney, the better that
attorney will be able to prove your case.
You may be wondering how the legal process works when it comes to facing a
DUI charge?
The court process actually begins when the arresting ocer places you under
arrest for DUI or OUI.
After the arrest, an arrest report is completed and sent to the local district
attorney’s oce. The arrest report will contain the charges to be brought
against you, the defendant.
In most jurisdictions and most cases, the DUI complaint will be a misdemeanor,
but this can vary based on the blood alcohol level of the defendant as well as
any prior convictions for DUI/OUI.
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If your arrest is led as a misdemeanor there is no need for you to appear in
court, your attorney can appear on your behalf. This allows you to go about
your normal life without having to explain your absence from work or other
obligations.
You will receive an initial order to appear in court or in front of a district justice
where the charges against you are formally presented and you are given the
opportunity to plead either guilty of not guilty.
This initial hearing is called an arraignment. This is often the point where special
circumstances can be brought forward, or discrepancies in the arrest procedure
can be cited. In some cases it will not be necessary to go past the arraignment
stage as the case will be dismissed for a variety of reasons.
If you plead not guilty and your case is set for trial, you will receive a trial date
from the district attorney.
At the trial, your attorney will negotiate on your behalf with the sta of the
district attorney to get you the most favorable result.
The attorney will also determine if there are any other mitigating circumstances
surrounding your arrest and case and will le any appropriate motions on your
behalf.
Depending on the circumstances surrounding your case and any oers made
by the district attorney, your attorney will then discuss the alternatives with you.
In some cases it is best to take the plea agreement, while in others it is better to
go to trial with the case. Your attorney will do what is best for you, and will act
only after consultation with you.
Contact us by calling (662) 337-7868 or clicking here to schedule a free
consultation to learn more about how we can help you specically.
Something else to keep in mind … when selecting an attorney, look
for one that can take advantage of the latest technology to stay in
contact with you and to move your case forward despite court closings
and social distancing requirements.
At Tannehill, Carmean & McKenzie Attorneys at Law we are able to use
the latest video conferencing and live streaming technology. That means
we can meet with you remotely – you won’t have to travel to our oce.
Instead you can stay in the safety of your own home. We can also use
this technology to continue working on your case and ensuring that it
moves forward.
Tip #3 – Keep
Good Records
As we mentioned in tip #2, keeping good records is very important. With
any legal matter, but especially with a DUI, you should keep detailed records
of everything – from why you were arrested to dealing with the police and
everything else.
One way to do this is to start a diary where you record daily everything that has
happened related to the accident.
You should write down things like your memory of what happened. If there was
an accident you should be as detailed as you can possibly be about it. That
means write down what the weather was like, what time the accident occurred,
where you were headed, trac conditions, what happened during the accident,
what happened immediately after the accident and so on.
If your case goes to court it could be years before it is settled in court. Having a
detailed diary will allow you to go back and refresh your memory on everything
that occurred.
DRUNK DRIVING DEFENSE TIPS
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DRUNK DRIVING DEFENSE TIPS
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Tip #4 – It’s a Great Time to
Seek Record Expungement
Any rst oense misdemeanor in Mississippi can be expunged with the
exception of trac tickets. This includes a rst oense DUI!
Even if you have two rst-time misdemeanor arrests or convictions, you may be
able to get them expunged if they resulted from the same set of facts.
In other words, if you’ve been convicted of a crime your case may still not be
over!
At Tannehill, Carmean & McKenzie Attorneys at Law, we have extensive
experience getting convictions overturned or expunged.
That’s why if you believe justice was not served in your case you need to give
us a call. Our post-conviction team is dedicated to obtaining just relief for
improper convictions.
Why choose us? We have extensive knowledge and experience in post-
conviction litigation. We have also built a strong reputation for working closely
with clients to create highly eective post-conviction arguments to present to
appeals courts at the state and federal levels.
The bottom line is you can count on us to investigate your case and to then
prepare motions seeking the best possible relief.
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More About What We Do for You in Regards to
Expungement and Post-Conviction Relief
We will take a comprehensive, in-depth look at your case, studying everything
from the investigation to the pre-trial phase to the trial phase to the conviction.
During our investigation we will identify all appealable issues and then draft
arguments on those issues to present in court. Depending on a variety of
circumstances, we may be able to get you relief such as:
Immediate release from incarceration Writ of habeas corpus
A new trial New DNA testing
Sentence reduction or modication Other appropriate measures
You Can Count on Us to Always Have Your
Best Interests in Mind.
No matter what the odds, no matter how bleak things may look now, no matter
how complex the issues involved, we are condent we can help you get the
post-conviction relief you deserve.
Everyone deserves a second chance and we will ght hard to ensure that you
get yours through post-conviction relief.
Just remember, a conviction doesn’t have to the end point of your journey. With
our help you can ght on. We will help you nd the best possible arguments
and present them in the best possible way so that your chances of receiving
post-conviction relief skyrocket.
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We May Also Be Able to Successfully Lobby for
Expungement of Your Criminal Records
Expungement is a legal term that refers to when your conviction is erased
by the court making your records not accessible through state or federal
repositories.
The expungement process deals with criminal charges but is actually civil in
nature. The process involves a petitioner asking the courts to declare his or her
records expunged.
When records are expunged that means they won’t show up on background
checks conducted by employers, landlords and others. This can be very
advantageous considering the competition for good jobs, for good housing and
for admittance to good schools.
Now is a particularly good time to seek record expunction and get a clean
record because there will likely be a lot of job opportunities as we continue to
recover from the pandemic and businesses start reopening and expanding their
operations.
DRUNK DRIVING DEFENSE TIPS
Facing Something as Serious as a
DUI Charge Can Leave You Feeling
Stressed, Anxious & Fearful ...
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But don’t let fear paralyze you from taking action. To ensure the best possible
result in your case you need to start working immediately with a attorney like
those at Tannehill, Carmean & McKenzie Attorneys at Law.
We have extensive experience defending against DUI charges and can help
guide you through the process – so that instead of stressed, you feel calm and
condent.
You can count on us to use everything at our disposal – from our knowledge
of criminal defense to our passion for defending client’s rights – to help you get
the best possible legal outcome.
What Should You Look for
When Choosing an Attorney
to Represent You
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When you are facing DUI, or other criminal charges, your selection of an
attorney is one of the most important decisions you are going to make.
What should you look for? Key things include:
Experience – Seasoned lawyers will know how to better deal with judges,
other lawyers and insurance adjusters.
Expertise – More specically you want someone who has expertise in
defending the charges you face. When you are facing DUI charges you don’t
want to put you fate into the hands of a “jack of all trades” you want someone
who excels at defending your specic charges.
Reputation – Lawyers are judged by clients, judges and peers. Look for
one that has built a reputation for excellence.
WHAT SHOULD YOU LOOK FOR WHEN CHOOSING
AN ATTORNEY TO REPRESENT YOU
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Commitment – Good lawyers are dedicated to their clients. They are tough
negotiators and aggressive advocates who have one goal to get you the best
possible outcome to your case.
Communication – Look for an attorney that will keep you in the loop and
explain everything so that you always know what exactly is happening. This is
about your future, so you want to stay informed.
At Tannehill, Carmean & McKenzie Attorneys at Law, we have helped hundreds
of people just like you facing criminal charges in Mississippi.
With consistently high case win rates, we are able to provide a level
of condence to our clients that other rms simply can’t match.
When you are hunting for a defense attorney, you should always be aware of
the past results of the attorney or law rm in question, and not be sold strictly
on promises and sales pitches.
At Tannehill, Carmean & McKenzie Attorneys at Law, we have a track record of
success that shows beyond a doubt that we always provide our clients with the
best possible defense.
Contact us now to get the excellent representation you need to ensure the best
possible outcome in your case.
Remember, DUI Charges are Serious
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Those convicted may face both serious penalties including jail or prison time
and harm to their reputation.
There is a lot of stigma attached in particular to DUI charges and people often
assume that a person facing such charges is guilty regardless of the facts of the
situation.
If you are facing DUI charges, you need someone in your corner who
could defend you against these charges in court, protect your legal rights, and
who can help protect your reputation from harm.
Call (662) 337-7868 or click here to schedule a free consultation.
We will guide you through the legal process, doing whatever we can to ease
your frustration and provide you with a resolution that allows you to build a
brighter future.
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We are focused on providing you with a smart, reasonable and lasting legal
solution. We have the skills, resources and experience to ensure your
best interests are represented.
It doesn’t matter what charges you face or the evidence against you … we can
help.
At Tannehill, Carmean & McKenzie Attorneys at Law, we take our role as your
legal counselor seriously, creating solutions that work for you.
Our goal is to provide you with the legal solution that will give you the
best possible chance at your best possible future.
We will investigate your case and identify all of the factors that might be relevant
to your case. You can count on us to always have your best interests in mind.
That’s why, if you are looking to protect your freedom, your money, your
business, your assets and/or your property … Tannehill, Carmean & McKenzie
Attorneys at Law is the choice for you.
With us on your side you can count on:
Authoritative, highly-eective legal counsel delivered in a timely manner and
at a reasonable cost
Strategic consultation and intelligent representation
The peace of mind that comes with working with a trusted, knowledgeable
professional
REMEMBER, DUI CHARGES ARE SERIOUS
How to Find a Highly Qualied
Attorney You Can Trust
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If you have received a DUI/OU charge it is critical that you obtain legal
representation as quickly as possible. Only with the help of experienced and
qualied DUI legal representation can you hope to mitigate or even beat these
charges.
The rst thing you SHOULD NOT do is simply hire a rm you saw in a TV
commercial or heard about in a radio ad.
Many of the biggest advertising rms are little more than “settlement mills.” A
settlement mill is a rm that relies on heavy advertising as the lifeblood of their
business and litigates a disproportionate amount of their cases. Such rms do
not rely on current or former clients to refer cases via word-of-mouth and can
thus aord to employ a mill mentality to their handling of cases.
The truth is “settlement mills” tend to leave money on the table at the time of
settlement as they are more concerned with resolving a volume of cases each
month to pay their expensive advertising budget.
One more thing: You should also NOT try to represent yourself!
So what can you do to nd an experienced attorney who will always put your
best interests rst?
We recommend contacting us at Tannehill, Carmean & McKenzie Attorneys at
Law.
We have extensive experience in defending DUI charges. Our skilled and
dedicated attorneys will ght to ensure that your rights are protected.
We will also always keep you in the loop as your case progresses. Call (662)
337-7868 or click here to schedule a free consultation.
HOW TO FIND A HIGHLY QUALIFIED
ATTORNEY YOU CAN TRUST
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The Bottom Line …
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Few things can be more emotionally and physically taxing than facing a DUI
charge.
We hope that this guide has given you insight and direction on what
to do and what not to do to ensure the best possible outcome in your
case.
At Tannehill, Carmean & McKenzie Attorneys at Law we have built a strong
reputation for making sure clients rights are protected when they face a DUI
charge.
We will:
Work closely with you to ensure your needs are met and your concerns
addressed
Rely on our extensive experience with DUI cases to help you get the best
outcome
Diligently strive to protect your rights
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When you seek our help, you can expect
straight talk and honest advice.
We take a practical, smart, common sense approach to handling DUI cases.
We also explain everything you need to know to make informed decisions ─ and
we will tell you where you stand.
We work hard to protect your legal rights and pursue your objectives. Fully
understanding that facing DUI charges can be an emotional time, we will treat
you with the compassion and respect you deserve.
We also don’t rest on our considerable laurels either. We are constantly
evolving and growing and you can count on us to have your best legal interest
in mind.
We will also take advantage of the latest technological advances to make it as
easy and safe as possible for you to consult with your attorney and move your
case forward.
THE BOTTOM LINE …
The Next Step …
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The key to weathering any storm is to rst get informed so that you can take
the best action moving forward.
Contact us today to schedule a free consultation and to learn much more about
how we can help you with your DUI case.
Don’t risk making mistakes or enduring unnecessary, costly delays – talk to
Tannehill, Carmean & McKenzie Attorneys at Law by calling (662) 337-7868 or
clicking here to schedule a free consultation.
We understand that going through a DUI case can be a very traumatic
experience. We will guide you through the legal process, doing whatever we
can to ease your frustration and provide you with a resolution that allows you to
build a brighter future.
We are focused on providing you with a smart, reasonable and lasting legal
solution. We have the skills, resources and experience to ensure your
best interests are represented.
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At Tannehill, Carmean & McKenzie Attorneys at Law, we take our role as your
legal counselor seriously, creating solutions that work both in the immediate
months after your arrest and in the years ahead.
Our goal is to provide you with the legal solution that will give you
the best possible chance at your best possible future.
Whatever your situation, you need a thoughtful, zealous advocate in your
corner.
We will provide you with a free consultation and discuss your options with
you. We will then strive to protect you and your family. Let Tannehill, Carmean
& McKenzie Attorneys at Law provide you with the experienced legal
representation you need.
We will use our vast knowledge and experience to protect your present and
future welfare. The rst step is to schedule a meeting with us to learn
more about how we can help you.
Call (662) 337-7868 or click here to schedule a free consultation.
We will investigate your case and identify all of the factors that might be relevant
to your case. You can count on us to always have your best interests in mind.
That’s why, if you are looking to protect your freedom, your money, your
business, your assets and/or your property … Tannehill, Carmean & McKenzie
Attorneys at Law is the choice for you.
With us on your side you can count on:
Authoritative, highly-eective legal counsel delivered in a timely manner and
at a reasonable cost
THE NEXT STEP …
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Strategic consultation and intelligent representation
The peace of mind that comes with working with a trusted, knowledgeable
professional
We know what it takes to win. In addition, our oce has the resources to take
your case as far as it needs to go - including trial or appeal when necessary.
An intelligent criminal defense strategy requires both an in-depth knowledge of
your rights that are protected by the law as well as the talent and experience to
identify when violations to those rights have occurred. The attorney must then
be able to use those instances to get a case dismissed or a charge reduced.
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