Underage DUI in Mississippi

Posted by James Ferguson | Oct 31, 2019 | 0 Comments

In all states, teens are not exempt from receiving DUI charges and subsequent convictions. In addition to the DUI law that regulates blood alcohol levels, most states also have a penalty system for teens who drink while under the age of 21 years old. These consequences will have a detrimental effect on the teen's future including applying to college and obtaining a job. These are mechanisms such as deferred adjudication and expungement that may lessen the impact of an underage DUI charge.

Underage Possession and Purchasing

Unlike the drinking age, Mississippi's minimum age for possessing alcohol is 21 years of age. This is, of course, outside of the specific exceptions laid out above. A minor who is found guilty of alcohol possession in Mississippi can be fined a maximum of $500. They are also subject to 30 days of community service and 90 days of a suspended license. Mississippi does not permit the selling of alcoholic beverages to any person under the age of 21. Persons and businesses that violate this law are charged with a misdemeanor and are subject to a maximum fine of $1,000 for the first offense. A second offense carries a maximum fine of $2,000 and up to one year in jail. The minor purchasing the alcohol is also guilty of a misdemeanor and is fined a maximum of $500. They may also lose their driving privileges for up to 90 days for a first offense.

Expungement and Non-adjudication
Mississippi provides a non-adjudication mechanism for offenders, such as teens, who want to ensure that a DUI does to destroy their record. Mississippi has established requirements for individuals who want to take the non-adjudication route. For non-adjudication to apply, it must be the first offense, the offender must not have any prior convictions or any DUI charges pending, the offender must not have had any prior non-adjudication, and he or she must provide justification for the request for non-adjudication. For expungement, the conviction can be removed after five years of meeting all conditions. The blood alcohol leading up to the charge must be below 0.16 with a chemical test confirming that fact.

Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases. Driving Under the Influence is a serious crime. If you have been charged with DUI and underage drinking, you need an experienced attorney. Attorney Ferguson is well-versed is DUI defense strategies and expungement. Attorney Ferguson understands the importance of putting the charge behind you and ensuring that you are informed of all possible consequences. Call us now for a consultation.

See related blog posts:
Inside the DUI Plea Bargaining Process
Does Your Employer Care About Your DUI Conviction?

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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