Mississippi DUI Defense Lawyer

DUI Overview

As with most states across the United States, anyone stopped and found to have a .08% or higher blood alcohol content in Mississippi will be arrested for DUI. For those under 21, that legal limit becomes .02%, as state laws do not tolerate minors drinking and driving.

Mississippi has an implied consent law, which means that when you applied for a driver's license, you were required to agree to submit to a chemical, blood, breath, or urine test if an officer pulled you over for suspected DUI. Refusing to submit to the test will result in an automatic suspension of your driver's license for 90 days for your first offense and one year for any subsequent offenses.

Once you are arrested and charged, you will have ten days to file a petition for a review with the DMV regarding your license suspension. At this hearing it will be determined whether the officer had probable cause to pull you over, whether the procedures for your breath test were done properly and any other legal aspects that would affect the outcome of your license suspension. As this hearing can seriously affect your driving privileges and your record, it is highly recommended you obtain a Mississippi DUI defense attorney to represent you.

Penalties For DUI

First Offense - You will be fined between $250 to $1,000 and may be imprisoned for up to 48 hours, or both. Your driver's license can be suspended for 90 days or until you complete an alcohol education program. You may also be required to attend a victim impact panel.

Second Offense - If the second offense occurs within five years of the first, you will be fined between $600 to $1,500. You will be ordered to spend at least five days in jail and may be in prison for up to one year. In addition, you will need to perform community service for at least ten days and perhaps as long as one year. Your license will be suspended for two years and should you have a subsequent conviction, you may forfeit your vehicle.

Third Offense - If you are convicted a third time for DUI within five years it will be charged as a felony offense. You will be fined a minimum of $2,000 and up to $5,000, and serve from one to five years in the Mississippi Department of Corrections with no possibility of a reduced sentence. Your vehicle will be forfeited and your driver's license suspended for five years for the third conviction.

Contact DUI Defense Attorneys Miller & Miller Attorneys at Law, PLLC

Being arrested for DUI in Mississippi is a serious situation. If you or someone you know have been arrested or charged with DUI, you want to retain a knowledgeable DUI defense attorney as soon after your arrest as possible. Filing timely hearing requests and other legal papers can make a difference in the outcome of your case. Miller & Miller Attorneys at Law, PLLC are experienced and caring DUI lawyers in South Mississippi and the Gulf Coast and will provide you with individual attention throughout the handling of your case. Contact a Mississippi DUI attorney from Miller & Miller Attorneys at Law, PLLC to learn more about your legal options are when facing a DUI charge.