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Mississippi DUI Laws Penalties And Fines
Mississippi Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others.
In Mississippi, drunk driving is called Driving Under the Influence (DUI). Here is some basic information about Mississippi DUI laws:
Definition of Intoxication:
Under Mississippi drunk driving law, Mississippi Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Mississippi drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Mississippi:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Mississippi is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Mississippi
The penalties for a drunk driving conviction in Mississippi are serious, and they become even more severe with repeat offenses. A DUI conviction in Mississippi remains on your record for five (5) years, for purposes of calculating repeat offense levels.
Your driver’s license is automatically administratively suspended, when you are charged with Mississippi DUI, and the arresting officer confiscates a Mississippi DUI arrestee’s driver’s license immediately, pending an administrative suspension hearing.
Additional suspension may be imposed by the DUI court, as outlined below. Only a first-time DUI offender is eligible to apply for a Mississippi hardship driver’s license, for occupational, educational, or medical reasons.
