First Offense DUI Consequences In Mississippi

How DUI Blood Alcohol Content Affects Offenses

When someone is charged with a DUI, it is based on their Blood Alcohol Content (BAC). BAC limits vary based on age and license type.

For drivers over the age of 21, the BAC limit is .08. Drivers under the age of 21 have a BAC limit of .02. If you have a BAC over these amounts, you could be charged with a DUI.

Because commercial vehicles are larger, rules tend to be stricter. The BAC limit for individuals with commercial driver’s licenses is .04.

Similar to how BAC limits vary based on age and license type, DUI consequences can also vary. For example, DUI consequences for individuals with commercial licenses tend to be stricter.

1st Offense DUI In Mississippi Consequences

There are a variety of consequences that someone could face from a DUI. Consequences can depend on the specifics of your situation, how many DUI offenses you’ve had, and any other offenses on your record.

Consequences worsen with subsequent DUIs. The consequences may be less strict with a first offense, especially if nothing else is on your record. 

The details of a situation could influence consequences. For example, the BAC of the individual charged, the age, or refusal of a breathalyzer could bring harsher consequences. Knowing your rights before and after a first offense and working with an experienced attorney may help you avoid stricter penalties.

§§ 63-11-30 (i) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail.

• (ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
• (iii) A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication.
• (iv) Eligibility for an interlock-restricted license is governed by Section 63-11-31, and suspension of regular driving privileges is governed by Section 63-11-23.

First-Offense Fines

You will likely face a fine as a consequence of a DUI. The minimum fine for a first DUI offense is $250, and the maximum fine is $1,000. 

Judges are given some discretion to determine the fine amount based on the situation's specifics and penalties.

Jail Time

An individual could receive a jail sentence in addition to or in place of a fine. The maximum jail sentence for first-offense DUIs is 48 hours.


Depending on the specific DUI situation, attending a victim impact panel may be an option to avoid jail time. However, this is not an option in every case and is usually left to the judge's discretion.

License Suspension

License suspension is a common DUI consequence. First-time offenders' driver’s licenses could be suspended for up to 120 days. 


Commercial driver’s license DUIs have a more extended suspension period. A license suspension of up to one year can result from a DUI with a commercial license.

Expunction

Expunction means that the court orders your DUI to be removed from your criminal record. If you meet the criteria for expunction, a DUI conviction could be expunged after completion of all the terms and conditions of a sentence.


You are only eligible for expunction on a first-offense DUI.

§§ 63-11-30 (a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:

• (i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
• (ii) Who did not refuse to submit to a test of his blood or breath;
• (iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
• (iv) Who has not been convicted of and does not have pending any other offense of driving under the influence;
• (v) Who has provided the court with justification as to why the conviction should be expunged; and
• (vi) Who has not previously had a nonadjudication or expunction of a violation of this section.

Nonadjudication

Nonadjudication is a rare option after a DUI charge that individuals have to qualify for. If nonadjudication is granted, an individual won’t face any sentencing or have a guilty conviction.

Nonadjucdication involves completing a program. When the program is completed, individuals could avoid a DUI conviction and keep it off their criminal record.

The court has discretion when granting nonadjudication. Hiring legal representation can assist in facilitating the adjudication process and help make sure that you are informed of all of your options.

§§ 63-11-30 (a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.

• (b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
• (i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
• (ii) Who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense;
• (iii) Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and
• (iv) Who has provided the court with justification as to why nonadjudication is appropriate.

Contact a Criminal Attorney For a First-Time DUI

Being charged with a DUI is a severe situation. A DUI conviction can greatly impact your life, especially if it’s your first offense.


If you’ve been charged with a DUI, it's important to act quickly and contact an attorney as soon as possible.

Contact Campbell Law today to learn more about how we may be able to help you.