If you have recently gotten a DUI in Mississippi, you are probably feeling a combination of emotions. It can be frustrating, scary, sad and defeating. Still, it is important to stay calm and on top of your case throughout the process. There are many dates and hearings that are important to the success of your case, and any of them may be the deciding factor in whether you win or lose.
Many people teeter on the decision of whether to hire an attorney or not for a DUI. While it is never mandatory that someone hire a professional lawyer for their case, it certainly is in their best interest to do so. It is our job to know the law inside and out. In order for you to win your case, you may need to look at your DUI from a different perspective. Many people make the mistake of pleading guilty right off the bat. Whether this is the truth or not, there are ways to lower the charges and damages of your case before doing so.
If you or a loved one was wrongfully pulled over for a DUI check or traffic stop, then you may be able to significantly lower your charges, if not do away with them completely. On the other hand, if you are dealing with a DUI as well as drug possession or any other criminal charges, it is always best to have a knowledgeable team on your side. Braddock Law has experience in a variety of DUI cases, and is the team you want on your side for legal assistance. DUI charges can be a life-changing situation, especially if it is not your first.
Many people think that if they feel OK to drive, then they are OK to drive. Unfortunately, the law does not work that way. Law enforcement determines DUIs by your BAC amount. BAC is your blood alcohol content, or in other words, the amount of alcohol in your bloodstream. Every person and every body reacts differently to alcohol. Even if you feel OK, you may be way over the legal limit. The same goes for someone who may be under the legal limit and still be pulled over for reckless driving.
Mississippi DUI BAC Levels
- Of-age drivers (those of or over the legal drinking age of 21)
- BAC of 0.08%
- Under-age drivers (minors under the legal drinking age of 21)
- BAC of 0.02%
- Commercial vehicle drivers
- BAC of 0.04%
The best decision is to not drink and drive at all. Oftentimes people will claim they felt fine leaving the bar, party or wherever they were drinking and only once they were behind the wheel did they realize they weren’t OK to drive safely. If you plan to drink, don’t plan to drive. The only way to avoid a DUI is to not drink and drive. If you are ever unexpectedly drinking, call a taxi cab or a friend to give you a ride. The extra money spent on a ride will be far less than the cost of a DUI.
Mississippi DUI Charges
- First Offense
- Up to 2 days in jail
- Fines from $250 to $1,000
- 3 month driver’s license suspension
- Second Offense
- 5 days up to 1 year in jail
- Fines from $600 to $1,500
- 2 year driver’s license suspension
- IID required
- Third Offense
- 1 – 5 years in jail
- Fines from $2,000 to $5,000
- 5 year driver’s license suspension
- IID required
When you are pulled over for a DUI, the officer will ask for you to take a test. This may be a breathalyzer or blood test. If you refuse to take a test, you risk automatic driver’s license suspension. While you have the right to request the type of test you prefer, you may not always have the option to take it. For example, if you prefer a blood test but the wait-time for a qualified physician is too long, then you will have to take the breathalyzer test. There are serious consequences for refusing a test, no matter the circumstances.
Mississippi DUI Test Refusal Consequences
- First Offense
- 90 day driver’s license suspension
- Second Offense
- 1 year driver’s license suspension
These charts are just general outlines. There are many other factors that come into play for your DUI case. For example, if you are caught drinking and driving while on parole, with a suspended license or illegally, then you will have additional penalties and charges pressed against you. In addition to fines and jail time, you may also have to complete an alcohol safety education program. All of the consequences of a DUI can affect the rest of your life, as well. Your work life may be put at risk, therefore risking your income and livelihood. Jail time can severely impact your family, home and social life. People don’t realize that life goes on when they are away. Their friends and family continue to live, and you will miss out on big moments in your loved one’s lives. To avoid a DUI, simply don’t drink and drive.
If you or a loved one are dealing with a DUI case in the state of Mississippi, do not wait to take action. Once you are issued a DUI charge, there are deadlines that need to met. For example, within 7 days after your DUI arrest you need to schedule an administrative hearing with your DMV. This appointment is important as it determines if you will get your driver’s license revoked or not. If you miss the appointment altogether, you will automatically lose your license.
To avoid missing important dates and to ensure you receive the best possible outcome for your case, call us at Braddock Law today. We have experience in all kinds of DUI cases and will be happy to assist you and your family in a time of need. At Braddock Law we know how stressful a DUI case can be for everyone involved, and we do our best to relieve you and your family of the additional burdens that tasks such as court cases bring. For a free consultation, call our office in Hattiesburg, MS today.