Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « DUI Penalties in Mississippi
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- Implied Consent Laws are the laws which requires suspected DUI drivers to submit to breath, blood, and urine test. Refusal to that carries penalties that include mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
The drivers will be considered “per se intoxicated” if they will be having blood alcohol concentration (BAC) above 0.08 percent. According to this condition of law only this evidence is enough for being convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on driver not of legal drinking age. Any driver in Mississippi less than 21 years of age with blood alcohol concentration (BAC) 0.02 percent or above operating any motor vehicle will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having more severe punishments for those DUI offenders who are having high blood alcohol level at the time of arrest; that is usually 0.15 to 0.20 percent above the legal limit. But in Mississippi enhanced penalty laws are not valid.
Administrative License Suspension/ Revocation
There are minimum mandatory penalties for DUI convicted people who have blood alcohol level above 0.08 percent in Mississippi or they will be subject to implied consent laws for refusing to go under breath, blood, or urine test for blood alcohol content.
These penalties include suspension or revocation (permanently or temporarily) by the Department of Motor Vehicles (DMV). For first DUI offense in Mississippi the mandatory suspension will for 90 days; for second offense it’s for one year; and for third offense it is up to three years.
Vehicle Confiscation
Vehicle confiscation penalty for DUI offenders temporarily or permanently is a chance in some states usually for repeat offenders. But this penalty is not applicable in Mississippi.
Ignition Interlock
Ignition interlock is a device, which is attached with vehicle of DUI offender so that he/she performs a breath test before starting the vehicle. This penalty for DUI can be applicable in some states while in Mississippi this is not an option.
Administrative Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, alcohol abuse treatment and assessment of a person for possible drug or alcohol dependency can be required in Mississippi. Such steps are often suggested instead of harsh punishments like imprisonment and paying fines.
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