DUI Penalties

(901) 318-3847

First Offense

  • Misdemeanor (0 prior convictions w/in 5 years)
  • $250-$1000 fine excluding court costs
  • Up to 48 hours in jail
  • Mississippi Alcohol Safety Education Program or equivalent w/in six months
  • 120 day driver's license suspension
  • Other conditions in the judge's discretion

Second Offense

  • Misdemeanor (1 prior conviction w/in 5 years)
  • $600-$1500 fine excluding court costs
  • 5 days up to 6 months in jail
  • 10 days up to 6 months community service
  • 1 year driver's license suspension

Third Offense

  • Felony (2 prior convictions w/in 5 years)
  • $2000-$5000 fine excluding court costs
  • 1 year up to 5 years in jail
  • Driver's license suspension for full term of incarceration
  • After incarceration must obtain ignition interlock restricted license for 3 years

Fourth Offense

  • Felony (3 prior convictions ever)
  • $3000-$10,000 fine excluding court costs
  • 2 years up to 10 in jail
  • Driver's license suspension for full period of incarceration
  • After incarceration must obtain ignition interlock restricted license for 10 years

Aggravated DUI

  • Felony (0 priors required)
  • DUI with death or serious bodily injury of another
  • 5 years up to 25 years in jail
  • After incarceration must obtain ignition interlock restricted license for at least 5 years, possibly more

DUI Child Endangerment

  • DUI with child under 16 years of age in vehicle
  • $1000 fine excluding court costs
  • Up to 1 year in jail

Refusal

Automatic 90 day driver's license suspension separate and apart from the driver's license suspension for a conviction of DUI

Expunction

  • Only non-commercial drivers who are first offenders are eligible
  • Must have submitted to chemical test
  • BAC must have been below 0.16
  • Must not have any other DUI convictions or any DUI charges pending
  • Must have successfully completed all court imposed conditions
  • Must be 5 years after successful completion of conditions
  • Must provide justification why expunction should be granted
  • Must not have previously had a non-adjudication or expunction of a DUI

Non-Adjudication

  • Commercial drivers ineligible
  • Must be a first offense
  • Must not have had a prior non-adjudication
  • Must not have any prior convictions or any DUI charges pending
  • Must provide justification as to why non-adjudication is appropriate
  • Must complete all court imposed conditions:
    • $250 non-adjudication fee
    • Fines and court costs that would have imposed if convicted
    • Mississippi Alcohol Safety Education Program w/in 6 months
    • If alcohol related, must install ignition interlock device for 120 days or suffer 120 day driver's license suspension
    • If other substance, must submit to 120 day program that will include drug testing or suffer 120 driver's license suspension
    • May drive if enrolled in non-adjudication program and compliant with terms of program
    • Any other conditions imposed by the court 

Free Consultations

Please contact me anytime to discuss your case. I understand that you will have many questions about your DUI, and I will guide you through answers to the questions that you have and those that you haven't thought of. My goal is to make you comfortable with the defense process. Every case is prepared for trial, but a trial is not always necessary. Consultations are always free and confidential.

Someone on your side

Being charged with a crime is intimidating. Beyond the fear of jail, court costs, and fines, there are questions as to the impact on your job and your right to drive. Rest assured that I will be there every step of the way to guide you through the process, and to help you minimize the impact of a DUI on your life. Call me today.

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