Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Mississippi, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN MISSISSIPPI

In Mississippi, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Mississippi license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 30 days for first offense and 90 days for second offense.

Your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Misdemeanor and may result in imprisonment for up to 48 hours and/or $250- $1000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Your license and driving privileges will be suspended for at least 90 days.
   • You may be eligible to drive using the Hardship License, after the 30 days of suspension, and then become eligible to reinstate your, if you meet the reinstatement requirements.
   • You will have to attend a Mississippi Alcohol Safety Education Program.
2. The second offense or two offenses in five years is treated as a Misdemeanor and may result in imprisonment for five days to one year and/or $600- $1500 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Your license will be suspended for two years.
   • You will have to undertake community service for a period between 10 days and one year.
   • You will get a written warning that you may forfeit your vehicle in the event of a third violation.
   • You may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if so prescribed at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.
3. The third offense or three offenses in five years is treated as a Felony and may result in imprisonment for one to five years and/or $2000- $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Points will be added to your driving record.
5. Your license will be revoked for five years.
6. Your vehicle may be seized.
7. You may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if so prescribed at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be suspended for 90 days, you will have to pay a $250 fine, undergo an alcohol safety education program and you may have to attend a panel for victim impact after the first conviction; for one year and you may have to pay a $500 fine after the second conviction in five years; and for two years or till age 21 (whichever is more) and you may have to pay up to $1000 fine following the third or subsequent conviction in five years.
2. For a second or third offense you may have to undergo thorough diagnostic assessment and undergo treatment for drug and/or alcohol abuse if required at a facility approved by the Department of Health. You will have to bear the cost of this assessment and treatment.
3. You may be eligible for non-adjudication for one time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Mississippi laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your Mississippi driver license, give you a receipt for your that allows you to drive for 30 days, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Commissioner of Public Safety.

The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period his license will be suspended or revoked. You may be eligible to drive using the Hardship License, after the 30 days of suspension. The suspension or revocation begins after the final order of the hearing officer is mailed from the Department of Public Safety.

If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favour of the driver, then his license will be returned and the suspension/revocation will be cancelled.

If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Public Safety, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the Mississippi Alcohol Safety Education Program or a comparable program, pay the reinstatement fee of $75, and maintain proof of financial responsibility by filing SR-22, if required.
2. If you are being convicted, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for at least six months after your license has been reinstated.
3. You can submit the reinstatement application and fees in person at a Department of Public Safety office near you.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• Your vehicle may be immobilized or impounded for the duration of the license suspension.