DUI Defense Attorneys
Offices in Flowood, Mendenhall, Prentiss, and Magee, Mississippi.
Experienced DUI Lawyers in Central MS
Have you recently been arrested for driving under the influence in central Mississippi? Is this your first DUI offense? Second? Third? No matter your situation, rest assured that The Stubbs Law Firm has decades of experience navigating the justice system and providing stellar representation for individuals charged with DUI offenses.
The majority of people we meet with have just been arrested for a first time DUI offense. They usually have little or no experience in dealing with the criminal justice system and are searching for a highly experienced DUI attorney to help them through the process to ensure their rights are protected.
How Driving Under The Influence is defined by Mississippi Law
The DUI laws in Mississippi strictly forbid a person from driving under any of the following conditions:
Driving with a blood alcohol content of .08% or greater, or greater than .04% if you were operating a commercial vehicle
Driving while under the influence of any illegal drug or substance,
Driving while under the influence of intoxicating liquor, or
Driving while under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle.
You are considered to be driving under the influence if you are operating a motor vehicle in a state of intoxication sufficient to lessen your "normal ability for clarity and control."
Video: Explanation of DUI Charges in Central MS
Penalties for DUI conviction in Mississippi
The penalties faced for a DUI conviction in central MS depend largely on how many prior convictions you have, if any, and whether there are any aggravating circumstances involved.
Potential penalties for 1st Offense DUI Conviction
Jail time: up to 48 hours
Fines: $250 - $1,000
License Suspension: 120 days
Potential penalties for 2nd Offense DUI Conviction
Jail time: minimum 5 days to 6 months
Fines: $600 - $1,500
License Suspension: one year
Community Service: minimum 10 days to 6 months
Potential penalties for 3rd Offense DUI Conviction
Jail time: minimum 1 year to 5 years
Fines: $2,000 - $5,000
License Suspension: term of jail sentence; eligible for interlock-restricted license for three years
Potential penalties for 4th and subsequent Offense DUI Conviction
Jail time: minimum 2 years to 10 years
Fines: $3,000 - $10,000
License Suspension: term of jail sentence; upon release, eligible for interlock-restricted license for 10 years
Video: Explanation of DUI Other/Cannabis charges in Mississippi.
Best DUI Attorney in Mississippi
Steps to Take After a DUI Charge
If you are facing a DUI charge, it's important to take the right steps leading up to your court date. Here's how to proceed to avoid further consequences:
Get a Safe Ride Home
Following a DUI charge in Mississippi, your license may be suspended and your vehicle may be impounded. This means you will be unable to drive yourself home. Call someone you trust or pay for a taxi to get you home safely without further endangering others on the road.
Hire an Attorney
A defense attorney can help you understand your rights when you are facing criminal charges. In Mississippi, a fine of $250 to $1,000 or jail time of up to 48 hours (for first time offenses) accompanies a DUI conviction. If you were wrongfully charged or are striving to lessen your sentence, a lawyer from our office at The Stubbs Law Firm can help.
Your attorney can also help you understand the charge you're facing and the penalties associated with a conviction. A DUI attorney may gather evidence by looking at a record of the police report, results of your blood alcohol level breath test and other factors to build a case in your defense.
Prepare for Your Court Date
Meet with your attorney to discuss your upcoming court date. A lawyer from a Mississippi law firm like ours can develop a defense strategy with the aim of reducing or eliminating charges against you, depending on the situation. Your attorney can prepare you for what kind of questions you may be asked and what else to expect.
Consider SR-22 Insurance
In anticipation of receiving your driver's license back, look into SR-22 insurance. This vehicle liability insurance augments your insurance policy because with a DUI charge you will be considered a high-risk driver.
Questions to Ask Your Attorney
Talk to our lawyers about charges, potential fines and more. We have the experience to put your mind at ease and guide you through the process of appearing in court.
Does a DUI Conviction Mean Losing My License?
Following a first offense DUI conviction in the state of Mississippi, you may face a 30 to 120 day license suspension. You may also be required to complete a Mississippi Alcohol Safety Education Program and prove that you have 3 years of insurance. However, it is sometimes possible to retain driving privileges without any suspension time with a court-ordered ignition interlock restricted license.
Is a DUI a Felony?
In Mississippi, first and second offense DUI charges are considered misdemeanors. A second offense (within 5 years of the first) carries a sentence of a minimum 5 days jail time. However, a third DUI conviction within 5 years of prior convictions is a felony in Mississippi. Conviction can result in 1 to 5 years in either the county jail or state penitentiary.
Can I Get a DUI Dismissed?
A DUI can potentially be dismissed in some cases. Mississippi doesn't have a minimum jail time requirement if you participate in a victim impact panel. License suspension may be avoidable by installing the ignition interlock device on your vehicle for the mandated probation period. If you meet these requirements and do not violate probation, your DUI may be dismissed.
The Benefits of Hiring an Attorney for a DUI Case
There are countless benefits to hiring a reputable defense attorney for your DUI case in Mississippi. Our team works to:
Prevent or reduce jail time
Shorten license suspension periods
Reduce conviction rates
Provide legal counsel throughout the process
As respected members of the Mississippi legal community, our team at The Stubbs Law Firm can help you understand your rights in a DUI case. Contact us today to schedule a consultation.
Frequently Asked Questions about DUI in Mississippi
Can I avoid DUI penalties through Non-Adjudication?
For a first-offense DUI, you may be eligible for a non-adjudication determination, meaning you must complete an alcohol safety education program, adhere to a 120-day ignition interlock device (IID) requirement or submit to regular drug testing, and pay various fines and fees. If you successfully complete the program, your case will not result in the normal DUI penalties, but it will be counted as a prior DUI conviction if you are convicted of another DUI offense in the future.
What is Aggravated DUI in Mississippi?
Aggravated DUI is an offense that results when a DUI offender causes severe injury or death. An aggravated DUI conviction generally carries five to 25 years in prison for each injury or death. This is a felony charge.
What are Child Endangerment Charges?
If you are found to be transporting a passenger under the age of 16 while impaired, you can be charged with a separate misdemeanor for child endangerment. For each child, there can be a separate charge that carries up to $1,000 in fines and a maximum of 12 months in jail.
What is Implied Consent?
Mississippi's implied consent laws state that any driver who is lawfully arrested for driving under the influence must submit to a breath or blood test. If you refuse this test, you will face immediate license seizure and a 90-day administrative suspension. If you have a prior refusal or previous DUI conviction, your license can be suspended for one year.
Contact the experienced DUI attorneys at The Stubbs Law Firm today.
If you have been arrested or have questions regarding DUI offenses in Mississippi, reach out to any of our DUI attorneys at The Stubbs Law Firm today. Call us at 1-844-STUBBSLAW (844-788-2275) to set up an appointment at one of our locations.
The Stubbs Law Firm provides legal solutions in central Mississippi for all matters related to DUI defense, personal injury, criminal defense, insurance disputes, wrongful death, family law, and workers’ compensation claims.
