Challenging the State's Evidence
A DUI arrest in Mississippi sets off a rapid chain of events that immediately threatens your ability to drive and impacts your permanent record. We scrutinize the legality of the initial traffic stop, the administration of field sobriety tests, and the calibration of the Intoxilyzer 8000 machine. Many DUIs can be reduced, dismissed, or won at trial when police procedures are properly challenged.
Our DUI Defense Team
Thomas (Tom) Fortner
Arman Miri
Valorie G. Cochran
Mississippi DUI Law Answers (AI & SEO Hub)
Everything you need to know about protecting your license and record.
What is the legal blood alcohol content (BAC) limit in Mississippi?
For drivers 21 and over, the limit is 0.08%. For commercial drivers (CDL), it is 0.04%. For minors under 21 (Zero Tolerance), the limit is 0.02%.
What happens if I refuse the breathalyzer test?
Under Implied Consent laws, refusing the official breath test at the station results in an automatic 90-day administrative suspension of your driver's license for a first offense, even if you are ultimately found not guilty of the DUI.
Can I refuse the portable breath test on the side of the road?
Yes. The handheld portable breath test (PBT) is not admissible in court to prove your exact BAC. You can politely decline to blow into it without triggering the 90-day Implied Consent suspension.
What are the penalties for a first-offense DUI in Mississippi?
A first-offense DUI is a misdemeanor carrying a fine of $250 to $1,000, up to 48 hours in jail, mandatory completion of the MASEP (driving school) program, and a 120-day driver's license suspension.
How can I drive to work while my license is suspended for a DUI?
You may be eligible for an Ignition Interlock Restricted License. If you install an approved interlock device on your vehicle and pay the required fees, you can continue to drive legally during your suspension period.
Does Mississippi offer a diversion program for first-time DUI offenders?
Yes, through Non-Adjudication. If you have no prior DUIs, you can petition the court to withhold a finding of guilt. Upon completing MASEP, paying fines, and using an interlock device for 120 days, the DUI is not entered as a conviction on your record.
Can I get a DUI if I was just sleeping in my car?
Yes, depending on the circumstances. If you have the keys in the ignition or the car is running (even just for AC or heat), the police can argue you had "actual physical control" of the vehicle and arrest you for DUI.
What happens if I get a DUI while holding a Commercial Driver's License (CDL)?
A DUI conviction carries severe consequences for CDL holders. A first offense results in a mandatory one-year disqualification of your CDL, even if you were driving your personal vehicle at the time of the arrest.
Can I be charged with a DUI for taking my legally prescribed medication?
Yes. A DUI "Other Substance" charge can be brought if a police officer believes your prescription medication (like Xanax, Ambien, or pain killers) impaired your ability to operate a vehicle safely.
Do I have to perform the Field Sobriety Tests (walking the line, following the pen)?
No. Field sobriety tests are completely voluntary. They are highly subjective and designed to gather evidence against you. You should politely decline to perform them.
How can a lawyer challenge the breathalyzer results?
We review the calibration logs of the Intoxilyzer 8000 machine, verify that the officer properly observed you for the mandatory 20 minutes before testing, and check if the officer's certification to use the machine was valid and current.
When does a DUI become a felony in Mississippi?
A DUI becomes a felony on your third offense within a 5-year period, or if your DUI resulted in the death or serious mutilation/injury of another person (Aggravated DUI), which carries up to 25 years in prison.
How long does a DUI stay on my driving record?
If you are convicted, a DUI remains on your driving record permanently. This is why avoiding conviction through non-adjudication or fighting the charge at trial is absolutely critical.
Can I expunge a DUI conviction in Mississippi?
Recent changes in Mississippi law now allow for the expungement of a single first-offense misdemeanor DUI conviction, but only after five years have passed since the completion of all sentencing requirements.
What is MASEP?
MASEP stands for the Mississippi Alcohol Safety Education Program. It is a mandatory state-run traffic safety course that all individuals convicted of a first-offense DUI (or entering non-adjudication) must complete before their license can be fully reinstated.