Experienced Madison County DWI Defense Attorney

DUI Charges in Mississippi 

In Mississippi, DUI is officially referred to as “operating under the influence” or DWI. 

Mississippi DUI Laws: Operating a Vehicle Under the Influence

• When your blood alcohol content (BAC) measures .O8 percent or higher or
• When you under the influence of alcohol, drugs, or any controlled substance.

“Under the influence” means that your normal ability for control of your driving has been lessened or impaired. Thus, you can be charged with DUI even if your BAC is under the legal limit. The evidence and testimony of the arresting officer asserting that you were impaired is enough for an arrest and even a conviction. 

Understanding DUI/DWI Penalties in Mississippi

How you are charged and the resulting penalties you will face in a conviction will be based on whether you have prior DUIs and other circumstances related to your arrest. First and second charges within a five-year timeframe are charged as misdemeanors. However, a third charge becomes a felony. 

A first-offense DUI carries up to 48 hours in jail, a fine ranging from $250 up to $1,000, and the loss of your driver’s license for up to 120 days. In a first offense, you may qualify for a non-adjudication option in which your sentencing is set aside in lieu of completing an alcohol safety program. This will require fines and fees and the installation and maintenance of an ignition interlock devise (IID) on your vehicle for a certain period of time. These devises measure your alcohol content and prevent your car from starting if you fail to be sober. 

In second or subsequent DUI convictions, you will be required to complete a substance abuse assessment. Whatever recommendations follow, such as the completion of treatment programs, will be required by the court. Other collateral penalties can include a spike in your auto insurance premiums, probation, community service, and other court orders. 

Jail time and fines will increase in second convictions as well as third convictions. In a third DUI felony conviction, you face one up to five years of incarceration, fines of $2,000 up to $5,000, and the loss of your license for up to three years. Other factors that increase penalties in any DUI include injuring or killing someone or driving with a passenger under the age of 16. 

Consult a Madison County DUI/DWI Defense Lawyer Today

If you have been arrested for DUI, you have 10 days to challenge the automatic suspension of your license. You may also be eligible to petition the court for a restricted license allowing you to drive to work, school, and medical appointments. Our firm can assist you with all of these as well as strategize the best defense possible to challenge the charge. Our attorney is well-versed in Mississippi DUI law and the factors that can be investigated to dispute state’s evidence. We strongly urge you to get in touch with us as soon as possible after any arrest so that we advise you properly and get to work on building a defense that can increase your chances of a positive outcome. 

Secure Your Defense: Schedule a Free Consultation Now by Contacting Us Online or at (601) 202-4099 today. 

Key Madison County DUI/DWI Legal Resources

There are several local entities in Madison County, MS that serve as resources for DWI (Driving While Intoxicated) offenders. Here are some of them:

• Madison County DUI Court: This court provides a specialized program for individuals who have been convicted of multiple DUI offenses. The program includes intensive supervision, treatment, and education, and aims to help offenders break the cycle of addiction and avoid future DUI offenses.
• Mississippi Alcohol Safety Education Program (MASEP): MASEP is a state-mandated education program for individuals convicted of DUI. The program provides education on the dangers of drunk driving and the effects of alcohol on driving ability.
• Mississippi Department of Mental Health: The Department of Mental Health provides treatment services for individuals struggling with addiction, including those who have been convicted of DUI. They offer a range of treatment options, including inpatient and outpatient programs.
• Mississippi Department of Public Safety: The Department of Public Safety enforces DUI laws and provides resources for individuals who have been convicted of DUI, including information on license suspension and reinstatement.
• Madison County Sheriff's Office: The Sheriff's Office conducts sobriety checkpoints and patrols the streets to enforce DUI laws and keep the community safe. They can also provide referrals to local treatment programs and other resources for DUI offenders.

It's important to note that this list is not exhaustive, and there may be other local resources available for DUI offenders in Madison County, MS.