Mississippi Driving under the Influence - DUI - Guide and Information for your DUI - USLegal Guides

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The pamphlet is an overview of the issues involved in a driving under the influence offense. Issues covered include elements of the offense, field sobriety tests and sobriety checkpoints, defenses, sentences, and more.

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FAQ

One of the most obvious ways to fight a DUI charge is to challenge the reliability of the arresting officer and the police report. The police witness who made the arrest may give contradictory statements. They may also make errors in their testimony, such as recalling the wrong date or time of day.

The law defines intoxication as a blood alcohol concentration level of . 08 percent for adults, . 04 percent for commercial drivers, and . 02 percent for minors (under 21 years of age).

Upon conviction of a DUI, 1st offense, a Class R license will be suspended for 120 days, absent a court order for the ignition interlock-restricted license. Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years.

The first-time DUI offender has the lightest penalties involved. This is considered a misdemeanor. If this is your first DUI, you could be facing up to 48 hours in jail. Additionally, you could also be looking at fines between $250 and $1,000.

Under Mississippi DUI law, a driver who has a BAC of . 08% or more can be convicted of what is called a ?per se DUI? regardless of their level of actual impairment. The amount of alcohol required to reach a . 08% BAC depends on a variety of factors including a person's weight, type of alcohol consumed and more.

A DUI conviction stays on your driving record for five years and on your criminal history (rap sheet) forever.

2. - What effect does a DUI conviction have on my record? If eligible for being a first-time offender in Mississippi, a DUI conviction (under the Mississippi code) stays on your driving record for five (5) years, during which time any additional DUI convictions will increase the punishment.

Upon conviction of a DUI, 1st offense, a Class R license will be suspended for 120 days, absent a court order for the ignition interlock-restricted license. Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years.

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Mississippi Driving under the Influence - DUI - Guide and Information for your DUI - USLegal Guides