Second Offense DUI in Mississippi

Mississippi categorizes a second-offense DUI as an alcohol-related driving offense that occurs within five years of a first offense. After 5 years there is what is called a “wash out” rule where the court cannot consider the previous conviction. 

Criminal Penalties

  • Jail from 5 days to one year;
  • Fines from $600 to $1,500;
  • Community service from 10 days to one year;
  • Mandatory alcohol programs.

Administrative Penalties

  • 2 year license suspension (which may be reduced to one-year under certain circumstances);
  • The possibility of an ignition interlock device which would be installed for 6 months after the license is reinstated;
  • Furthermore, you could face impoundment of registered vehicles while your license is suspended.

3rd and subsequent offenses are felonies in Mississippi.

Plea Options and Plea Bargaining 

You have the choice to plead guilty or not guilty.  If you plead guilty, the judge will have you sign a waiver of rights if you do not want an attorney, then he/she will sentence you in accordance with state law which will include all possible penalties. The clerk will send an abstract of the conviction to the highway patrol where it will become part of your driving record.

While some states allow some reduction in DUI sentencing, Mississippi specifically prohibits any plea bargaining in a DUI conviction.

Legal Advice

If you have been arrested for a DUI in Mississippi, contact an experienced DUI attorney for advice and assistance.

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