By: Vic Carmody, co-author of Mississippi’s leading Law Book about Defense of DUI Cases
Understanding MS DUI law and the possible consequences after a DUI charge in Mississippi is important. For those facing a DUI, securing a competent DUI-DWI attorney quickly becomes vital in effectively steering through these treacherous judicial seas and obtaining an explanation of Mississippi’s DUI laws
Every client is concerned about their jail time for a 1st offence DUI in Mississippi. That is why it is important to talk to legal professionals. The experienced criminal lawyers at our Firm have a proven track record of helping people beat a DUI in Mississippi.
If the court reduces, drops, or dismisses the first DUI, our drunk driving attorneys do not need to discuss our State’s good law. This law helps expunge DUI arrests in Mississippi and lawmakers enacted it about ten years ago.
Decisions made right after an arrest for driving under the influence hold great importance. This admonition applies even more to commercial vehicle drivers whose entire source of income hangs in the balance after a Mississippi DUI arrest. These “choices” will often impact how your case goes.
To win, hiring a DUI lawyer near you is important. Look for one with a strong record of success. Choose a lawyer who has helped clients avoid Mississippi DUI convictions in the past. This is your best chance for a good outcome.
How Mississippi DUI Law Changes Now Allow More Good Case Outcomes
If a court convicts you, these choices will impact the punishments and criminal record you may face. In the past ten years, changes to Mississippi DUI laws have been frequent and, in some cases, drastic. Most of these changes help people facing their first DUI offense.
The Legislative efforts began with enacting the Mississippi DUI expungement law in 2014, making this the State’s first law expunging DUI arrests in MS. This law allowed most first offenders in MS to seek expunction after successful completion of all probation conditions and the passage of 5 full years.
Following a DUI arrest, a DUI procedure in Mississippi starts. After your arrest on the highway, you will usually go to the place for breath alcohol testing or blood collection. This applies to DUI drugs or DUI alcohol.
An immediate consequence of a first DUI arrest. After being arrested, the officer will inform you that refusing to take the post-arrest State-administered test will suspend your right to drive for a full year.
The criminal case will not delay the suspension of a driver’s license. This requirement for a breath, blood, or urine test is a civil matter under Mississippi’s implied consent law.
Mississippi DUI Laws: Consequences of a First Offense DUI
Particularly for a first offender, these immediate 1st DUI penalties in Mississippi shock the first offense DUI offender. For many, the first DUI consequence of losing the ability to drive is often the most damaging part of 1st offense Mississippi DUI arrest.
Those who see and comprehend this impact on their lives should know these 3 things:
- You only have 10 days after arrest in which to file the necessary paperwork to hold off this painful suspension, so contact expert legal counsel now
- For some, a non-adjudicated DUI MS may be an option that needs to be discussed immediately, unless your refusal makes you not eligible for non-adjudication.
- For each client, your case facts will be UNIQUE in many ways, meaning that (after we review your full case facts) our legal professionals know how to use Mississippi law to (a) fight the DUI and win, or (b) avoid DUI first offense MS jail time.
In Mississippi, if a driver gets arrested for any DUI offense and refuses to allow breath alcohol or blood alcohol testing, the state imposes specific consequences under its implied consent laws. These laws stipulate that by driving in Mississippi, drivers have implicitly agreed to submit to chemical testing if law enforcement suspects them of driving under the influence. Learn more about Section 63-11-5 – Implied consent to chemical tests.
Call Now For A DUI Lawyer in Mississippi Near You
Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Mississippi near you! Drunk Driving Defense has some of the most successful and highest-rated DUI attorneys in Mississippi on our roster.
Consequences for an Arrested DUI Driver Refusing a Breath or Blood Alcohol Test
Even without test results, drivers can still be charged with DUI. This can happen based on other evidence, like field sobriety tests or what officers observe.
A. If a driver refuses to take the test, their license will be automatically suspended, which means they will not be allowed to drive. If it is your first offense, the suspension will be in effect for a duration of 90 days.
B. In the case of a subsequent offense, such as a second DUI in Mississippi, the consequence would be the revocation of all driving privileges for a period of one year. It is highly recommended that you consult with a DUI attorney to effectively navigate these legal challenges.
C. The prosecutor can use this driver’s refusal to allow testing as evidence at your trial to suggest “consciousness of guilt.” By this statement, we mean that the Prosecutor may be argued that the person’s refusal to submit to post-arrest testing indicates the driver knew they were likely impaired.
D. You can have a hearing opportunity before an administrative law judge if acted upon within TEN (10) days after arrest: The driver has the right to contest the suspension by making a written request for a hearing within ten days of receiving the suspension notice.
E. When facing a driver’s license suspension, there are instances where drivers can request a hardship license, permitting them to drive under certain limitations while their suspension is in effect. Completing the Mississippi alcohol safety education program (MASEP) is a prerequisite for the majority of individuals to be re-licensed.
It is of utmost importance to recognize that these penalties or “requirements” should not be confused with the consequences one might face if convicted of a DUI. Beating a DUI can enable you to evade all of the first offense DUI penalties in Mississippi, but you’ll need a great DUI attorney to beat the charge.
Our lawyers for DUI can arrange a reduction of charges for some of our clients. This can be achieved by recommending the installation of a 12-month ignition interlock device, as well as the completion of other terms and conditions, such as the MASEP course.
More Resources for A 1st Offense DUI in Mississippi
If you need a DUI lawyer in Mississippi, we have pages for DUI lawyers in cities across the state. We will work with you to develop a Mississippi DUI defense strategy so that you stand the best possible chance of beating your MS DUI charge.
If you’d like to speak to a Mississippi DUI attorney and get a free case evaluation, fill out our confidential contact form. Also, you can call 1-888-839-4384 anytime to schedule a free consultation.
