DUI Criminal Defense Attorney - Biloxi, Mississippi
If you are charged with DUI in Biloxi, Mississippi, it is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing a Mississippi DUI understand what challenges they will encounter. Seeking the legal advice of a capable and skilled DUI criminal defense attorney will help you understand all of your options and rights.
Mississippi DUI or DWI Administrative Hearing
Pursuant to Mississippi law, an individual has 10 days to request an Administrative Hearing from the Department of Public Safety in Mississippi. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Mississippi DPS (Department of Public Safety) within 10 days.
What happens if I was arrested for DUI in Biloxi?
Under Mississippi law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Department of Public Safety in Mississippi. While both actions can result in the suspension of your Mississippi driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.
DUI Penalties for First Time Offenders
- Hardship Licenses - Provided that the offender has no previous DWI or DUI violations, and did not refuse to submit to chemical testing, the court may reduce the suspension of driving privileges after 30 days have elapsed from the effective date of the suspension. The court typically grants hardship driving privileges if it believes that continued suspension of driving privileges would hinder the offender's ability to continue employment, continue attending school or an educational institution, or obtain necessary medical care.
- Fines - Fines for a first time DUI range between a minimum of $250.00, up to a maximum of $1,000.00
- Mississippi Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level of 0.04. A first time DUI or DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of Mississippi driver's license for 90 days.
- Mississippi Driving Privileges and DUI - In Biloxi, Mississippi, a first time DUI or DWI conviction results in the revocation of Mississippi driving privileges for 90 days.
- Jail Time - In Biloxi, Mississippi, a first time DUI or DWI offender faces up to 48 hours time in jail. In lieu of jail time, the court may order the offender to attend a victim impact panel.
- Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges.
DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Mississippi, you may not be aware of options and rights. This is why a capable and skilled criminal defense attorney can guide you through this emotionally challenging process. Please contact a Mississippi DWI or DUI criminal defense lawyer for a fast, free consultation.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. |