Holcomb Dunbar - North Mississippi Attorneys

MISSISSIPPI DUI DEFENSE

 

DUI Holcomb Dunbar Web Page PictureMississippi DUI Defense

As everyone knows, lawmakers around the country have toughened DUI laws in recent years.  Mississippi is no exception.  If you are arrested for DUI, you don’t have to face the charge alone.  Holcomb Dunbar’s criminal defense team has the strength of experience and the depth of talent to defend the charges against you, helping you to obtain the best result possible in your DUI case.

If you have been arrested for DUI, please contact us at (662) 234-8775 to discuss your case with a member of our criminal defense team. Email Russ McNees at rmcnees@holcombdunbar.com.

IMPLIED CONSENT STATUTE (DUI LAW)

Mississippi’s current Implied Consent statute declares it illegal for any person to operate a motor vehicle who is under the influence of liquor or other substance that impairs his or her driving ability.  The law defines intoxication as a blood alcohol concentration level of .08% for adults, .04% for commercial drivers, and .02% for minors (under 21 years of age).

A chemical test of breath, blood or urine determines proof of intoxication.  A driver may refuse to submit to such a test but may face stiffer penalties if found guilty.

Currently, DUI convictions remain on your driver’s license record for five (5) years.  It will never leave your criminal record and cannot be expunged.  If you are stopped for any minor traffic offense during this period and the officer calls in for verification of your license, the dispatcher will relate to the officer that you have had a previous DUI conviction.  The officer will then make sure that you a) have a valid license (not suspended) and b) are not presently drinking.

On April 11, 2013, House Bill 481 was signed into law by Mississippi Governor Phil Bryant which changed the DUI laws in many respects.  Those changes do not take effect until July 1, 2014.  However, before they do, it is expected that there may be additional revisions to the law, through current House Bill 412.   Any amendments are expected to be finalized by the Legislature over the first quarter of 2014.  Holcomb Dunbar’s criminal defense team will keep a close watch over the development of this statute.  These laws, if they are implemented, will impact the DUI law with provisions for nonadjudication of the first offense, expungement of certain DUI convictions and a provision for a vehicle ignition-interlock device.

DUI PENALTIES (21 and over)

First Offense

1.                  Fine $250-$1,000 and court costs

2.                  Forty-Eight (48) hours in jail

3.                  License suspension for minimum of ninety (90) days

4.                  Attend alcohol education safety program

Second Offense (within 5 years)

1.                  Fine $600-$1,500 and court costs

2.                  Five (5) days to one (1) year in jail and ten (10) days to one (1) year in community service

3.                  License suspension for two (2) years

Third Offense (within 5 years)

1.                  Fine $2,000-$5,000

2.                  One (1) to five (5) years at the State Penitentiary

3.                  License suspension for five (5) years

4.                  Automobile seizure and sale with proceeds to the State

5.                  Felony conviction – loss of civil rights – loss of careers

DUI PENALTIES (MINORS UNDER 21)

Zero Tolerance for Minors (Under 21)

1.      .02% Blood Alcohol Concentration to .08%

2.      Over .08%, you are treated like an adult

First Offense

1.                  Fine $250.00

2.                  License suspended 90 days (thirty days if no breath test refusal)

3.                  May be non-adjudicated at court’s discretion

Second Offense (within 5 years)

1.                  Fine $500.00

2.                  License suspension for one (1) year (reduction to six (6) months after certified alcohol/drug program)

Third Offense (within 5 years)

1.                  Fine $1,000.00

2.                  License suspension for two (2) years or until age 21 (whichever is longer)

3.                  Completion of certified alcohol/drug program

Any person under the legal age to obtain a driver’s license who is convicted of DUI shall not be able to receive a driver’s license until they reach the age of 18.

HARDSHIP LICENSE

If you are found guilty of DUI, you may be eligible to shorten the time of the license suspension.  For instance, first offenders who do not refuse the breath test can often seek a reduction of the suspension of driving privileges after thirty (30) days have elapsed from the effective date of the suspension when a medical, work or education hardship can be demonstrated to the Court.  If you meet the requirements, Holcomb Dunbar’s criminal defense team can guide you through this process.

If you have been arrested for DUI, or would like to discuss the possibility of a hardship license, please contact us at (662) 234-8775 to discuss your case with a member of our criminal defense team.  You may also email  Russ McNees at rmcnees@holcombdunbar.com.

 


2017