Legal Question in DUI Law in Mississippi

1st DUI penalties and fines

What are the maximum fines and/or penalties for conviction of 1st DUI including terms of liscence suspension? If I enter a plea of Not Guilty is my liscence automatically revoked for any period? What are the requirements to receive a Hardship Liscence?


Asked on 5/02/05, 11:20 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: 1st DUI penalties and fines

Miss. Code. 63-11-30 provides:

Except as otherwise provided in subsection (3), upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail or both; and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of such person for a period of not less than ninety (90) days and until such person attends and successfully completes an alcohol safety education program as herein provided; provided, however, in no event shall such period of suspension exceed one (1) year.

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Answered on 5/02/05, 11:28 am


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