Mississippi law prohibits and punishes driving under the influence (DUI) with fines and jail time. Additionally, a DUI conviction means that your driver’s license will be suspended even if it is your first offense. Two things that could influence license-related penalties are the number of previous DUI offenses and the driver’s unwillingness to take on-site tests to determine their blood alcohol concentration (BAC).
Mississippi’s implied consent legislation requires all legally apprehended drivers to undergo breath, blood or urine tests upon police request. If the driver refuses a chemical test, the officer will revoke the driver’s license and replace it with a temporary driver’s license that is valid for thirty days.
After the thirty-day period ends, the driver’s license will be suspended for ninety days. The driver might be able to prevent this suspension by contacting the court, asking for a trial date and requesting an extension. The driver’s license will be revoked for three months if a court order is not obtained within thirty days.
Mississippi’s non-adjudication program
First-time DUI offenders have the opportunity to complete a “non-adjudication” program. By doing so, the court halts its procedures for six months, allowing the offender to meet the program’s criteria, which includes:
- Completing the Mississippi Alcohol Safety Education Program (MASEP)
- Paying all fees that are required by the program
- Paying a fine ranging between $250 and $1,000
- Submitting to random testing for drugs and alcohol
- Attending a victim impact session
- Installing an ignition interlock device for a period of 120 days
- Avoiding any additional traffic violations
If you successfully complete the program, the charges are dropped without a criminal conviction. A non-adjudication DUI, however, will be qualified as a past conviction if the driver is convicted of another DUI down the road.
Mississippi law does not allow DUI charges to be pled down. Given the strictness of the laws, seeking legal guidance with your case is advised.
