Mississippi DUI Law Explained

In the state of Mississippi, it is unlawful for any person to drive or otherwise operate a vehicle while under the influence of intoxicating liquor, any drug or controlled substance, and/or any other substance which has impaired the person's ability to operate a motor vehicle.

The Three Types Of Basic Mississippi DUI Law

PER SE DUI - Under Mississippi's "per se" DUI provision, it is illegal to operate or drive a vehicle with a blood alcohol content (BAC) of .08 or higher, as shown by a chemical test of the person's blood, breath, and/or urine. The chemical test result will be used by the State as presumptive evidence of impairment.

MINORS - It is illegal for persons under the age of 21 to operate or drive a motor vehicle with a BAC of .02 or higher.

COMMERCIAL VEHICLE DRIVERS - Persons operating a commercial motor vehicle are prohibited from operating or driving with a BAC of .04 or higher.

**NOTE: Persons who refuse to submit to chemical testing, or those who submit to a chemical test that produces a result below the applicable legal limit may still be arrested and charged with driving under the influence. In such situations, the State will be required to prove impairment by using other evidence, such as the person's driving pattern, physical characteristics, performance on physical sobriety exercises, incriminating statements, etc.

Serious DUI Related Mississippi Felonies

DUI DEATH/SERIOUS INJURY - Any person who operates a motor vehicle while under the influence and who causes in a negligent manner the death of another, or whose negligent operation mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose, or any limb, organ, or member of another will be charged with a separate felony for each additional death or injury that is caused.

If you have been arrested and charged with DUI in Mississippi, contact one of our experienced DUI defense attorneys immediately for more information.