Third Offense DUI in Mississippi

A third offense DUI in Mississippi is serious. According to Mississippi DUI Law code section 63-11-30, an individual will be deemed as legally intoxicated whenever they possess a blood alcohol level of .08%. However, if the officer who makes the arrest observes signs of impairment due to either alcohol or drugs, they can charge the individual with a DUI even if the blood level is below .08%. Receiving a driver’s license in Mississippi also means each person so licensed has given their implied consent for a blood alcohol test if they are suspected of driving under the influence of alcohol, drugs, or a combination of the two.

Punishments and Penalties

Not only do you face having your driver’s license immediately confiscated and revoked at the time of your arrest, but you may also face:

• A fine that ranges from $2000 to $5000, plus court costs
• A prison sentence of 1 to 5 years in the State Penitentiary
• Drivers license suspension for a minimum of 5 years after jail release
• The seizure and sale of your automobile, with sale proceeds given to the state
• An ignition interlock device installed on your vehicle for at least 6 months after your license is reinstated and you have also completed a diagnostic assessment and possibly treatment for alcohol and/or drugs.
• A felony conviction

Those who have received a third offense DUI may also be required to attend alcohol education classes. Community service requirements may also be a part of the penalties involved when arrested for DUI in Mississippi.

Mississippi’s "Washout" Rule

If you have received a third offense DUI in Mississippi, then within the last five years you have also received first and second offences. The state has a “washout” rule which means that prior offences that did not occur within the last five years cannot be used to trigger any sort of punishment for multiple offences.  

Sobriety Tests and Refusal Hearings

Individuals may refuse a field sobriety test, but if asked to take a chemical test by the arresting officer, they are required by law to do so. If this test is refused, your driver’s license can be suspended for at least 90 days. A temporary, non-renewable driving permit may be issued at this time, but is only valid for a period of 45 days after the initial DUI arrest was made. License suspension under these circumstances may be challenged in a Refusal Hearing if said hearing is scheduled within 10 days of the postmark date on the letter advising of the impending license suspension.

Seeking Legal Aid

If you find yourself facing a third offense DUI and you live in the state of Mississippi, then you owe it to yourself to seek legal counsel in the form of an experienced DUI attorney. Competent and professional legal aid can go a long way toward helping to bring your case to a satisfying conclusion.