Second Offense DUI in Mississippi

Mississippi DUI laws make it illegal to operate a vehicle under the influence of alcohol.  A 2nd DUI in Mississippi can be costly.  If you are over 21 you may not have a blood alcohol level of .08% or more.  If you are under 21, that level is .02% or more.  If you are a commercial driver, you are over the legal limit if the blood alcohol content is .04%.  The very unique aspect of Mississippi statutes is that there exists no “open container” law and no law to prevent drinking while driving – only that you do not reach the legal limit.

A DUI arrest in Mississippi triggers two separate actions resulting in two distinct sets of penalties.  First there are the Administrative penalties which can result in the loss of your license.  Second there is the court case which will result in fines, jail time, mandatory alcohol education programs and perhaps more.

Penalties for 2nd DUI Conviction – Misdemeanor

This is only a second offense if it has occurred within 5 years of the first conviction. After 5 years there is what is called a “wash out” rule where the court cannot consider the previous conviction. 

Criminal Penalties

• Jail from 5 days to one year;

• Fines from $600 to $1,500;
• Community service from 10 days to one year;
• Mandatory alcohol programs.

Administrative Penalties

• 2 year license suspension;
• The possibility of an ignition interlock device which would be installed for 6 months after the license is reinstated;
• Furthermore, you could face impoundment of registered vehicles while your license is suspended.

3rd and subsequent offenses are felonies in Mississippi.

Plea Options and Plea Bargaining 

You have the choice to plead guilty or not guilty.  If you plead guilty, the judge will have you sign a waiver of rights if you do not want an attorney, then he/she will sentence you in accordance with state law which will include all possible penalties. The clerk will send an abstract of the conviction to the highway patrol where it will become part of your driving record.

While some states allow some reduction in DUI sentencing, Mississippi specifically prohibits any plea bargaining in a DUI conviction.

Legal Advice

If you have been arrested for a DUI in Mississippi, contact an experienced DUI attorney for advice and assistance.