A second DUI (driving under the influence) conviction is a misdemeanor in Mississippi. (The term "operating under the influence" (OUI) is also used in the state.) A DUI is considered a second offense in Mississippi if the driver has one prior DUI that occurred within the last five years.
Here are some of the more common consequences and penalties of a second DUI conviction in Mississippi.
Mississippi law sets the minimum and maximum penalties for a second DUI. Generally, the judge sets the specific penalties within the allowable ranges.
A second DUI in Mississippi carries five days to six months in jail, $600 to $1,500 in fines, and ten days to six months of community service. Offenders must also complete a substance abuse evaluation and follow the recommended treatment.
The penalties are substantially more severe if the offender had a child passenger under the age of 16 at the time of the offense. A DUI with a child passenger is a separate charge that carries $1,000 to $5,000 in fines and a year in jail. In other words, the penalties are in addition to those imposed for the DUI conviction.
The court reports all DUI convictions to the Commissioner of Public Safety. For most second-offense DUIs, the state will revoke the driver's license for one year. However, the driver might be able to obtain a restricted ignition interlock license (IID) to drive during the revocation period.
If you've been arrested for driving under the influence in Mississippi, talk to a DUI lawyer as soon as possible. The consequences of a DUI are serious, especially if you have prior convictions. A qualified DUI attorney can tell you how the law applies to your case and help you decide on how best to handle your situation.