All drivers should know better than to try to drive a car after having too much to drink. The reality is many folks fail to use common sense, break the law, and end up causing car accidents.
At Richard Schwartz & Associates Injury Lawyers, P.A., we advocate for victims of drunk driving accidents in Mississippi. For more than 40 years, our firm has been delivering successful outcomes for clients facing costly medical bills, lost income, and ongoing pain and suffering due to their injuries.
If you have been injured by a drunk driver, you may be entitled to compensation for your damages. Contact Richard Schwartz & Associates at (601) 988-8888 for a free consultation.
Understanding DUI Laws in Mississippi
In Mississippi, a DUI (Driving Under the Influence) occurs when a driver operates a vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08% for adults aged 21 and over. However, drivers can also be charged with a DUI if they exhibit signs of impairment due to alcohol, illegal drugs, or prescription medications, regardless of their BAC level.
Qualifying Factors for a DUI Charge:
- Blood Alcohol Concentration (BAC): A BAC of 0.08% or higher qualifies as a DUI for adults. For commercial drivers, the limit is 0.04%, and for underage drivers (under 21), any detectable amount of alcohol can result in a DUI charge.
- Signs of Impairment: A driver may be charged with a DUI if law enforcement observes erratic driving, lack of coordination, or other signs of impairment, even if the driver's BAC is below the legal limit.
- Substances other than Alcohol: Driving under the influence of any controlled substances, including prescription medications that impair driving ability, can also result in DUI charges.
What Qualifies as a Felony DUI:
A DUI can escalate to a felony under certain circumstances, including:
- Repeat Offenses: A DUI becomes a felony if it is the driver's third offense within a five-year period. Penalties for a felony DUI can include substantial fines, lengthy prison sentences, and a permanent loss of driving privileges.
- Injury or Death: If a DUI incident results in serious bodily injury or death to another person, the offender may face felony charges. These charges carry severe penalties, reflecting the serious nature of the offense.
Understanding these laws can help drivers make informed decisions and recognize the potential legal implications of impaired driving.
Mississippi Drunk Driving Accident Statistics
Below, you will find the most recent drunk driving crash statistics for the state of Mississippi:
- Fatalities: In 2021, 155 people died in drunk driving accidents in Mississippi, accounting for a staggering 34% of all traffic deaths in the state.
- Injuries: The same year, 305 individuals were injured in alcohol-involved car accidents, illustrating the significant number of people affected by drunk driving beyond just fatalities.
- BAC Levels in Fatal Crashes: According to data from 2021, 24% of fatalities in Mississippi were linked to drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This indicates that a significant portion of fatal crashes involved impaired drivers, underscoring the dangers of driving under the influence.
- Survivability Rates: The data also shows that 9% of drivers involved in fatal crashes were tested for BAC and survived, suggesting that not all drivers who were under the influence faced fatal outcomes, which highlights the unpredictable nature of drunk driving incidents.
We Help Recover Your Losses
When people choose to drive drunk, they put innocent lives at risk. Many drunk driving accidents end up causing severe injuries or even death to individuals who were unimpaired and obeying the traffic laws. Unfortunately, some drunk drivers even leave the scene of the accident, which is illegal. If you were injured in a hit-and-run accident, we can help you navigate the complexities of these cases as well.
Depending on the severity of the crash, you could be eligible for compensation to cover:
- Long-term hospitalization
- Loss of income and earning capacity
- Accumulating medical bills
- Ongoing treatment costs
- Temporary or permanent disability
- Vehicle and property damage
If someone you love was killed in an accident involving a drunk driver, contact our personal injury lawyers. We can help you file a wrongful death lawsuit. While no amount of money can ever make up for your loss, getting compensation can go a long way in relieving the financial burden of medical and funeral costs.
Frequently Asked Questions
What is the drunk driving law in Mississippi?
Mississippi law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults. The state has strict penalties for driving under the influence (DUI), including fines, jail time, and license suspension.
Is Mississippi a zero-tolerance state?
Yes, Mississippi has a zero-tolerance law for drivers under the age of 21. For underage drivers, a BAC of 0.02% or higher can lead to DUI charges, which carry penalties such as fines, license suspension, and mandatory alcohol education programs.
What is the 4th offense of a DUI in Mississippi?
A fourth DUI offense in Mississippi is classified as a felony. This can result in severe penalties, including up to 10 years in prison, large fines, and a permanent loss of driving privileges.
What makes a DUI a felony in Mississippi?
A DUI becomes a felony in Mississippi if it is the driver’s third offense within five years or if the DUI results in serious injury or death. Felony DUIs carry harsher penalties, including longer jail sentences and higher fines.
How long does a DUI stay on your record in Mississippi?
A DUI conviction stays on your record in Mississippi for five years. After this period, subsequent DUIs are treated as first-time offenses, though insurance rates and other personal records may still reflect the previous convictions.
What age do most drunk driving accidents occur?
Drunk driving accidents most commonly occur among drivers between the ages of 21 and 34. This age group is statistically more likely to drive under the influence and be involved in fatal crashes caused by impaired driving.
Is your license suspended immediately after a DUI in Mississippi?
Yes, in Mississippi, your license may be suspended immediately after being charged with a DUI, particularly if you refuse a breathalyzer test. The suspension length can vary depending on whether it is a first-time or repeat offense.
