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Is jail mandatory for a second DUI in Mississippi?
Question:
Is jail mandatory for a second DUI in Mississippi?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Mississippi DUI laws provide for jail terms, fines, mandatory alcohol education programs and license suspension. The first DUI offense is a misdemeanor crime in Mississippi. Generally if it is your first DUI offense, then you will be allowed to go after you pay a fine.
A second DUI offense within 5 years in Mississippi is a misdemeanor crime. If convicted, you can be sent to jail. The jail term extends from 5 days to 1 year. You will also have to pay a fine that can be as high as $1500. Your driver’s license can be suspended. The period of suspension can extend to 2 years. Your vehicle can be impounded for the term of your license suspension. You will also have to do community service for 10 days to 1 year.
The chances of going to jail are higher for a second DUI offense in Mississippi. However it is not mandatory. The presence of aggravating circumstances will play an important role in determining whether you will be sent to jail for a second DUI offense. If you are charged with reckless driving along with DUI, then you are likely to be sent to jail. If your DUI offense causes an accident that result in death or disfigurement, then you will be charged with a felony and if convicted you will be sent to jail. You will be sent to jail even if it is your first time DUI offense.
If you have been charged with a second DUI offense in Mississippi within 5 years, don’t take chances. You can be sent to jail. Consult with an experienced Mississippi DUI attorney.
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