Drunk driving defense is a specialized area, and should only be entrusted to an attorney who knows and understands Mississippi DUI / DWI law. The skilled local attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline how it’s possible to fight and win against a Mississippi driving under the influence charge.

Mississippi drunk driving arrests create two separate cases – in court, and at the Department of Motor Vehicles. In the court case, the accused DUI driver faces fines, jail time, and other punishment. At the DMV hearing, the motorist may lose his or her driver’s license. A motorist accused of drinking and driving in Mississippi has only 10 days from the date of arrest to request an administrative hearing or risk having his or her license automatically suspended for 90 days to one year.

The DMV’s attempt to take away the driver’s privileges will occur PRIOR to any criminal trial for DUI / DWI and will be automatic unless the driver files a test refusal petition within 10 calendar days after the mailing of a notice of letter of intent to suspend.

The test refusal hearing is an informal hearing. There will not be a jury. The decision will be announced at the administrative hearing to agree with the State to suspend your license or to return it to you. The hearing is needed to determine whether the accused motorist will be able to retain his or her driving privileges until the end of the DUI case.

Drunk driving cases in Mississippi are prosecuted in one of two ways. The motorist is either accused of driving while impaired, which focuses on the defendant’s physical and mental condition, or violating the state’s per se laws, meaning the driver is accused of having a blood alcohol content (BAC) of .08 percent or greater.

The punishment faced by motorists convicted of driving under the influence in Mississippi is quite harsh. A first-time DUI / DWI conviction carries a sentence of 48 hours in jail, a fine of $250 to $1,000 plus court costs, and a one-year driver’s license suspension.

The penalties for multiple-DUI / DWI offenses are even tougher. Mississippi has a five-year "washout" rule for drunk driving offenses, meaning that any arrest for drinking and driving within five years of a prior conviction will be punished more harshly.

A second-offense Mississippi drunk driving conviction is punishable by five days to one year in jail and a fine of $600 to $1,500 plus court costs. The driver also must perform 10 days to one year of community service and will lose his or her vehicle and driver’s license for two years.

Third-offense DUI /DWI cases are treated as felonies in Mississippi. A motorist convicted of a third drinking and driving offense faces one to five years in prison, a $2,000 to $5,000 fine, a five-year license suspension, and forfeiture and sale of his or her vehicle.

A driver involved in a DUI / DWI accident that results in death or disfigurement faces extremely harsh penalties under Mississippi law. This felony offense is punishable by five to 25 years in prison.

Drivers arrested for DUI / DWI who refuse to take a chemical test face additional license suspensions under Mississippi law. A first-offense refusal will result in a 90-day license suspension. A refusal on any subsequent case will result in a one-year license suspension. These suspensions are in addition to any loss of privileges imposed for a drunk driving conviction.

The penalties for driving under the influence in Mississippi are becoming harsher all the time, but it is possible to successfully fight a DUI / DWI charge. The skilled drunk driving attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation so that an accused driver can learn more about the proven strategies available to challenge a drinking and driving charge.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.