Mississippi DUI Defense Lawyer
DUI Overview – DUI Attorney in Biloxi, MS
As with most states across the United States, anyone stopped and found to have a .08% or higher blood alcohol content in Mississippi will be arrested for DUI. For those under 21, that legal limit becomes .02%, as state laws do not tolerate minors drinking and driving.
Mississippi has an implied consent law, which means that during the application process for a driver’s license, it requires you to agree to submit to a chemical, blood, breath, or urine test if an officer pulled you over for suspected DUI. Refusing to submit to the test will result in an automatic suspension of your driver’s license for 90 days for your first offense and one year for any subsequent offenses.
Upon an arrest and charge, you will have ten days to file a petition for a review with the DMV regarding your license suspension. This hearing will determine whether the officer had probable cause to pull you over. It will also determine whether the officer was following procedures when performing the breath test. Along with determination of any other legal aspects that would affect the outcome of your license suspension. As this hearing can seriously affect your driving privileges and your record, we highly recommend you obtain a Mississippi DUI defense attorney to represent you.
Penalties For DUI
First Offense – Fines between $250 to $1,000 and possible imprisonment for up to 48 hours, or both. This could potentially include suspension of your driver’s license for 90 days or until you complete an alcohol education program. It may also require you to attend a victim impact panel.
Second Offense – If the second offense occurs within five years of the first, the fines will be between $600 to $1,500. You will be ordered to spend at least five days in jail and may be in prison for up to one year. In addition, you will need to perform community service for at least ten days and perhaps as long as one year. This includes suspension of your driver’s license for two years and should you have a subsequent conviction, you may forfeit your vehicle.
Third Offense – If you are convicted a third time for DUI within five years it will be charged as a felony offense. Fines will be a minimum of $2,000 and up to $5,000, and you will serve from one to five years in the Mississippi Department of Corrections with no possibility of reducing the sentence. You will also forfeit your vehicle. While a third conviction includes suspension of your driver’s license for five years.
Contact DUI Defense Attorneys Miller Law Firm, PLLC
An arrest for DUI in Mississippi is a serious situation. If you or someone you know have been arrested or charged with DUI, you want to retain a knowledgeable DUI defense attorney as soon after your arrest as possible. Filing timely hearing requests and other legal papers can make a difference in the outcome of your case. Miller Law Firm, PLLC is experienced and caring DUI lawyers in South Mississippi and the Gulf Coast and will provide you with individual attention throughout the handling of your case. Contact a Mississippi DUI attorney from Miller Law Firm, PLLC to learn more about your legal options are when facing a DUI charge.