Mississippi Dui Laws
The section of Mississippi`s drinking and driving laws that applies to minors is called “Zero Tolerance for Minors.” The provisions of this Act apply only if a person under 21 years of age is driving with a blood alcohol level of 0.02 or more but less than 0.08. If the minor`s blood alcohol level is 0.08 or higher, they will be subject to adult penalties. In addition to other penalties related to Mississippi`s drunk driving laws, a first-time commercial driver convicted of impaired driving while operating a commercial vehicle will be suspended from operating a commercial vehicle for one year. However, if the driver was transporting dangerous goods at the time of the offence, the blocking period is three years. A commercial driver who commits a second drunk driving while operating a commercial vehicle will be suspended for life from operating a commercial vehicle, which may or may not be reduced to a period of 10 years. “The punishment for drunk driving that I fear most is jail time for drunk driving.” A penalty for drunk driving must comply with Mississippi`s drunk driving laws. The DUI-DWI laws of all states work in the same way. These laws govern fines for impaired driving if a case becomes a criminal offence, maximum probation and what happens with a high blood test or breath alcohol. In the case of a first DWI crime in neighboring Louisiana, ten days is the minimum prison sentence. Need more information about state laws? Learn more about the laws you live in.
The laws that define driving under the influence, commonly known as DUI, vary from state to state. If you or someone you know is arrested and charged with impaired driving in the state of Mississippi, it`s important to understand the nuances of the state`s laws. This could mean the difference between a misdemeanor and a felony. It is a criminal offense to refuse to submit to a chemical test in Mississippi, and implied consent laws are enforced. Every person who drives a motor vehicle under the influence of alcohol and negligently causes the death of another person or permanently damages, disfigures, obstructs or destroys the tongue, eyes, lips, nose or other limbs, organs or limbs of another person is guilty of a crime for each victim if convicted. Class R (regular operating licence): 120 days if the impaired driving offence is alcohol-related; or 120 days if the impaired driving offence is related to a controlled substance or other impairment, but this suspension can be avoided if the driver is tested for drugs at his or her own expense for at least 30 days during the suspension of 120 days up to 2 days in jail; however, the replacement of a Victim Impact Committee (VIP) may be replaced instead of prison; If you or your loved ones have never been impaired, they will be considered first-time offenders. This offence is punishable by the lowest penalties for drunk driving and is considered an offence. However, it is still a serious offence with the possibility of jail time of up to 48 hours and fines ranging from $250 to $1,000.
As a result of a first DUI violation, you can also lose your driver`s license for 90 days. While this is not the first drunk driving for which a person is charged or convicted, they may face harsher penalties and consequences. There may also be other costs arising from the activity that led to the impaired driving. Implied (civil) consent – administrative penalties (90-day or 1-year driver`s license suspension) only apply to refusals of the Intoxilyzer 8000 breath test> if it is found to be driving or operating public roads, public roads and roads in that state. Before Mississippi DPS regains your license after your suspension period or before issuing a difficult license to a primary offender, you must submit a Form SR22 to them before issuing a new license. You must purchase your SR22 insurance for a period of 3 years. Section 63-11-30 of the Mississippi DUI Law Code states that it is illegal for anyone to operate a motor vehicle under the influence of alcohol, drugs, or an intoxicating substance with a blood alcohol level of 0.08% or higher. It is not necessary for a person arrested on suspicion of impaired driving in Mississippi to show signs of impairment, if that person`s blood alcohol level is 0.08% or higher, they violate Mississippi`s “per se” law and be arrested for driving under the influence of alcohol. The Mississippi legislature has noted that the consumption of alcohol, not its sale and service, is the proximate cause of harm. Under this Act, licensed drinking establishments that sell and serve liquor to persons legally authorized to purchase liquor are not liable to the drinker or any other person for injuries caused by the intoxication. This law also states that social hosts who serve or distribute alcohol to persons legally authorized to consume alcohol are not responsible for injuries sustained by intoxication.
However, these limitations of liability do not apply to persons who cause or contribute to the consumption of alcohol if it can be proven that the person purchasing alcohol was visibly intoxicated at the time of sale. Of course, since it is illegal to sell or supply alcohol to minors, this law does not exclude liability for damages caused by the sale or distribution of alcohol to minors. Jail time: If you are convicted of a second offense, you must spend at least 5 days in jail, up to a maximum of 1 year in jail. The length of the prison sentence depends on the circumstances of your case and your previous convictions. Unlike a first conviction, the court will not suspend or reduce the prison sentence. Fines: Fines for a second impaired driving offence range from $600 to $1,500, plus court costs. Fines imposed by the court may not be suspended or reduced in the event of a repeat offence. Community service: A second offence requires 10 days to 1 year of community service. Letter of revocation: The Commissioner of the Public Safety Division will also send you and your spouse (if you have one), stating that if you are convicted of a third offence, your vehicle will be forfeited to the state. Alcohol Education: You must complete and complete a diagnostic assessment and alcohol and drug treatment program after a second conviction for a crime. A third or subsequent offence before the age of 21 within a 5-year period will result in a fine of $1,000, your licence will be suspended until you reach the age of 21, or for 2 years, whichever is longer.
This means that if you`re arrested for a third offense and you`ve just turned 20, you can`t get your driver`s license back until you`re 23. The judge must determine whether the arresting officer found probable cause and followed the procedure while in detention. If the judge decides that the officer did indeed have a probable reason and followed the procedure, the suspension of your licence will stand.