Drinking and driving is a bad idea. It practically goes without saying. Yet for all of the personal experience, television broadcasts, newspaper articles and other evidence documenting the deadly effects of drinking and driving, all you have to do is wait a few days and tune in your local news, where you are bound to catch the anchor reporting on another fatal collision caused by a drunk driver. Why does this continue to happen?


 One reason is that consuming alcohol impairs one's ability to think rationally. That's obviously a hard one to overcome since people are going to drink. There is another reason, though, and this one may be easier to fix: ignorance. If people had a better and more specific understanding of the potential consequences of drunk driving, then maybe, just maybe, they might think twice before getting behind the wheel. In short, knowledge can save lives. So, with that in mind, here is a look at the penalties for drinking and driving in Mississippi.

Blood Alcohol Levels

First of all, it is illegal in Mississippi to drive while under the influence of alcohol. Period. In other words, if your drinking is adversely effecting your ability to drive, you can be arrested (and convicted) of driving under the influence regardless of blood alcohol level (BAC). The flip side of that coin is that you can be arrested and convicted of drunk driving in Mississippi if your BAC is above the legal limit regardless of whether or not your driving ability is noticeably impaired.

 Here is a rundown of the BAC levels that constitute the legal limits in Mississippi:

• Adults (21 or older):  .08%.
• Commercial Drivers:  .04%.
• Teens and Adults Under 21:  .02%. However, if a minor is caught driving with a BAC of .08% or higher, he or she will be treated as an adult in terms of the penalties imposed. Minors caught driving with a BAC between .02% and .07% are subject to special provisions of the law and their own set of penalties. See below.

Procedures

By simply driving a vehicle in Mississippi, you have, by law, given your consent to taking a chemical (typically breath or blood) test to determine whether or not you have alcohol in your blood and at what level. Drivers who refuse to submit to a chemical test will have their license suspended. The length of the suspension depends on whether the refusal concerns a first offense, second offense, or more than two offenses:

• First Offense:  90 days to one year.
• Second Offense:  90 days (if first offense was refusal to take test); 1 year (if first offense was DUI).
• Third Offense or more: 1 year (if first or second offense was DUI).

If you do submit to a chemical test and are found to have a BAC above the legal limit, you will be arrested for DUI.

DUI Penalties

There are two types of actions that a driver may encounter if arrested for DUI in Mississippi: administrative (imposed by the Mississippi Department of Public Safety; and criminal. The following is a brief look at DUI penalties in Mississippi.

Adults (21 or over):

First DUI offense (a misdemeanor): fine of between $250 and $1000, plus court costs; participation in an alcohol safety education program; imprisonment of up to 48 hours or participation in a victim impact panel training program (at the discretion of the court); suspension of driving privileges for at least 90 days or the completion of the alcohol safety education program, which ever comes last.

• Second DUI offense (a misdemeanor): fine of between $600 and $1500, plus court costs; impoundment of vehicles; suspension of license for a period of one to two years; imprisonment of between five days and one year; community service of ten days to one year; assessment to determine need for treatment for alcohol or substance abuse; installment of an ignition interlock system for at least six months following reinstatement of driving privileges.
• Third and subsequent offenses within five years of a previous offense (a felony): fine of between $2000 and $5000, plus court costs; vehicle seizure and possible forfeiture; imprisonment of between one and five years; suspension of license and driving privileges for five years; installment of ignition interlock system following reinstatement of driving privileges.
• DUI-caused death or serious injury (a felony): imprisonment of five to twenty-five years; fine of up to $10,000.

 Commercial Driver's License Holders

• First DUI: Suspension of Commercial Driver's License for one year.
• Second DUI: Loss of Commercial Driver's License for life.

Minors:  Penalties for offenses with a BAC of over .08% are the same as for adults. Penalties for offenses with a BAC of .02% to .07% are as follows:

• First DUI offense (a misdemeanor): $250 fine; suspension of driver's license and driving privileges for 90 days; participation in alcohol safety education program; possible participation in victim impact panel training program.
• Second DUI offense within five years of first (a misdemeanor): fine of up to $500; suspension of driver's license and driving privileges for one year.
• Third and subsequent DUI offenses: fine of up to $1000; suspension of license and driving privileges for two years or until the age of 21, whichever is longer; treatment in an alcohol or substance abuse program.

Drinking and driving laws and penalties are subject to change in Mississippi.