You were out celebrating with friends, feeling good about life. But one wrong decision later, the flashing lights in your rearview mirror bring everything to a screeching halt. Now, you’re wondering, is drunk driving a felony? If you’re asking these questions, you’re taking the proper steps to educate yourself about the legal implications of a DUI charge in Mississippi. This guide will walk you through what you need to know.
Actions to Take If You’re Facing a Felony DUI
The road ahead may be uncertain, but with the right legal team, you can face it confidently. If you’ve been charged with a felony DUI, taking immediate action is essential:
- Consult an attorney. The most important thing you can do is to contact an experienced DUI defense lawyer to review your case and develop a defense strategy. An attorney who knows these cases well can make an enormous difference in the outcome of your case.
- Gather evidence. Collect any documents, witness statements, or other evidence that could help your case. Your attorney can both guide you and help you gather critical evidence.
- Follow legal requirements. Comply with any court orders or pre-trial conditions, such as attending hearings or installing an IID.
Felony DUIs are serious, but they don’t have to be the defining moment of your life. Having an exceptional legal professional by your side will help protect your rights and get you the best result possible.
When Is DUI a Felony in Mississippi?
In Mississippi, not all DUI charges are treated equally. While a first or second offense is typically classified as a misdemeanor, certain circumstances elevate the charges. Is DWI a felony? Here’s what you need to know.
Third or Subsequent DUI Offense
Under Mississippi law, a third DUI within five years is classified as a felony. This applies regardless of whether the prior offenses were in Mississippi or another state.
DUI Causing Death or Serious Injury
Known as aggravated DUI, this felony charge arises when impaired driving leads to someone’s death or severe injury. Convictions carry harsh penalties because of the devastating victim impact.
Child Endangerment
Driving under the influence with a child under 16 in the car can result in felony child endangerment charges, compounding the DUI penalties.
By understanding these distinctions, you can better assess your situation.
Legal Elements of a Felony DUI in Mississippi
To convict someone of a felony DUI, the prosecution must prove the following elements:
- Impairment—you were under the influence and impaired by alcohol or drugs, as evidenced by observations and/or by a blood alcohol concentration (BAC) of 0.08% or higher;
- Driving or actual physical control of a motor vehicle—you were operating a car or in a position to operate it;
- Prior offenses—for a third DUI, the prosecution must show that you have two previous convictions within five years; and
- Resulting harm—for aggravated DUI, the prosecution must demonstrate a direct link between your impaired driving and the injury or death caused.
For a felony DUI conviction, each of these elements must be established. If the prosecution fails to prove even one element, the charge may be reduced or dismissed.
Penalties for Felony DUI in Mississippi
A felony DUI conviction carries potential severe and life-altering consequences.
Third DUI Offense
Mississippi law designates a third DUI offense within five years as a felony, triggering substantial penalties, including:
- A term of imprisonment between one and five years in the custody of the Mississippi Department of Corrections;
- Fines for a third DUI offense can range from $2,000 to $5,000;
- Revocation of your driver’s license for a period of five years by The Mississippi Department of Public Safety (MDPS);
- The installation of an IID—a device that prevents the car from starting if it detects alcohol on the driver’s breath—in the vehicle upon reinstatement of driving privileges; and
- Mandatory participation in a state-approved alcohol safety education or treatment program.
The judge has discretion within these parameters. Your attorney can present any mitigating circumstances to help persuade the judge to order a sentence on the lighter side should you be convicted.
Aggravated DUI
When a DUI results in the death or serious injury of another person, Mississippi law elevates the charge to an aggravated DUI, a far more serious offense with significantly harsher penalties:
- If the DUI causes the death of another, the driver faces up to 25 years in prison for each death; and
- If the DUI causes serious bodily injury, the driver faces up to 20 years in prison for each person seriously injured.
The court determines the exact penalties based on the specific circumstances of the offense.
DUI with Child Endangerment
Driving under the influence with a child in the vehicle exposes the child to significant danger and results in additional legal repercussions. Mississippi law addresses this through separate child endangerment charges in addition to the DUI charge. These charges carry their own set of penalties, including potential imprisonment, fines, and other consequences related to child welfare.
These penalties can significantly disrupt your personal, financial, and professional life. Having experienced legal representation will protect your rights and help obtain a result that will have the least negative impact on your life.
Defense Strategies for a Felony DUI Charge
Facing a felony DWI lawsuit or charge can be an overwhelming experience. The legal process can be intricate, requiring an in-depth understanding of Mississippi laws and procedures. Key defense strategies can include:
- Examining the arrest process. This involves scrutinizing the legality of the traffic stop, the administration of field sobriety tests, and the procedures used for BAC testing.
- Disputing the evidence. Identifying inconsistencies or weaknesses in the prosecution’s case and filing motions to suppress improperly obtained evidence.
- Engaging in strategic negotiations. Working with the prosecution to explore options for plea agreements or reduced charges.
- Advocating in court. Build a compelling defense and aggressively represent your case during trial.
A competent DUI attorney will do all of this and more to advance your best interests.
Choose Smith & Holder, PLLC For Your DUI Defense
At Smith & Holder, PLLC, our compassionate and knowledgeable lawyers have decades of combined criminal and personal injury experience. We know how to handle Mississippi’s intricate DUI laws and fight for the best result in your case.
When you work with us, you’re not just another case number. We take the time to understand your unique circumstances, offering personalized strategies and transparent communication every step of the way.
Contact us for a free consultation, and let us help you regain control of your life.
Resources:
- Ignition Interlock Device Program. Mississippi Department of Public Safety, link
- DUI Department. Mississippi Department of Public Safety, link
