Mississippi lawmakers enhance DUI penalties

June 04, 2013

Mississippi lawmakers enhance DUI penalties

Article provided by Laher Law Firm
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Mississippi lawmakers recently approved a measure that will modify the state's drunk driving laws, making the consequences of DUI conviction harsher in some regards and less so in others.

License suspension and ignition interlock

Under the new Mississippi DUI law, drivers convicted of a first-offense DUI can have their driver's licenses suspended for 90 days. In the alternative, however, the law also provides that a judge may order a 30-day license suspension for a first-time offender and require him or her to use an ignition interlock device for a period of six months after the driver's license is reinstated.

An ignition interlock device is an alcohol detection mechanism that attaches to a vehicle's ignition system. The driver is required to provide a breath sample before starting the vehicle, and the device prevents the vehicle from starting if alcohol is detected. To prevent the driver from using another person's breath sample to bypass the system, additional breath samples may be required at irregular intervals while the vehicle is running.

Proponents of the ignition interlock law say that the devices are more effective than license suspension at keeping drivers off the road while under the influence of alcohol. On the other hand, opponents of the measure say that the ignition interlock requirement is too harsh a penalty for first-time offenders who have mistakenly exceeded the legal limit by a small amount. The American Beverage Institute, which opposed the legislation, said in a press release that ignition interlock devices are more appropriate for drivers with high blood alcohol contents or multiple DUI convictions, the Associated Press reported.

Repeat DUI convictions

Another aspect of the new Mississippi DUI law affects the penalties imposed on drivers who are convicted of multiple alcohol-related offenses. Under the new law, a fourth-offense DUI would be automatically treated as a felony in Mississippi, with conviction carrying a mandatory prison sentence of two to 10 years. This provision will apply regardless of how much time passes between the prior convictions and the fourth offense.

Under the current DUI law in Mississippi, a driver can face felony charges if he or she is convicted of three or more DUI offenses within a five-year period. The new law is set to go into effect on July 1, 2014.

Seek help for DUI charges

Law enforcement officials and prosecutors in Mississippi devote a great deal of resources to DUI enforcement, and the consequences of conviction can be life-altering in many ways: legally, personally, financially and professionally. People facing charges for DUI in Mississippi should speak with a knowledgeable attorney who can help protect their rights and defend against the charges.