A DUI charge in Mississippi can happen to anyone, and it moves fast. From the moment you’re pulled over, the state begins building a case against you. Without skilled legal representation, you could face a conviction that follows you for years, affecting your job, your insurance, your professional licenses, and your freedom.

At Tollison & Webb P.A., we defend clients charged with DUI in Oxford, Lafayette County, and throughout North Mississippi. We know Mississippi’s DUI laws thoroughly, we know the local courts, and we know how to find the weaknesses in the state’s case. If you’ve been charged with a DUI, call us before you do anything else.

Mississippi DUI Laws — What You Need to Know

In Mississippi, it is illegal to operate a motor vehicle while impaired by alcohol, drugs, or any other impairing substance. The legal blood alcohol content (BAC) limits are:

• 0.08% or higher for drivers 21 and over
• 0.02% or higher for drivers under 21
• 0.04% or higher for commercial driver’s license (CDL) holders, even in a personal vehicle

Importantly, the state does not need a BAC test result to charge you with DUI. Officers can charge you based on observed impairment alone, including slurred speech, erratic driving, or failed field sobriety tests. A skilled attorney challenges both the BAC evidence and the officer’s subjective observations.

Penalties for a DUI Conviction in Mississippi

Penalties escalate significantly with each subsequent offense. All penalties below are for non-commercial adult drivers under Miss. Code Ann. § 63-11-30.

First Offense:

• Fines up to $1,000 plus court costs
• Up to 48 hours in jail
• Driver’s license suspension up to 90 days
• Mandatory completion of an alcohol safety and education program

Second Offense (Within 5 Years):

• Fines up to $1,500 plus court costs
• Up to one year in jail
• Driver’s license suspension up to two years
• Vehicle immobilization or impoundment for the duration of the suspension
• Mandatory substance abuse treatment program

Third Offense (Within 5 Years):

• Fines up to $5,000 plus court costs
• Up to five years in prison
• Driver’s license suspension up to five years
• Vehicle seizure and sale
• Felony conviction on your permanent record
• Mandatory substance abuse treatment program

Fourth or Greater Offense:

• Fines up to $10,000 plus court costs
• Up to ten years in prison
• Ten-year ignition interlock requirement
• Vehicle seizure and sale
• Felony conviction
• Mandatory substance abuse treatment program

A third or subsequent DUI in Mississippi is a felony. The consequences extend far beyond jail time, as a felony conviction can cost you your right to vote, your ability to possess a firearm, and your professional licenses.

Field Sobriety Tests and Breath Tests — Know Your Rights

Understanding what you are and are not required to do during a DUI stop is critical.

Field Sobriety Tests

Field sobriety tests, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are voluntary in Mississippi. You are not legally required to perform them. These tests are highly subjective, designed to produce evidence against you, and can be failed for reasons entirely unrelated to alcohol, including nervousness, physical conditions, uneven pavement, or poor lighting. We generally advise against submitting to field sobriety tests.

Breath and Blood Tests

Mississippi’s implied consent law means that by obtaining a Mississippi driver’s license, you have already consented to chemical testing if lawfully arrested for DUI. Refusing a breath or blood test after arrest carries automatic consequences: a 90-day license suspension for a first refusal and one year for subsequent refusals. Refusal does not prevent a DUI charge, and the refusal itself can be used as evidence against you.

If you submitted to testing, that does not mean the results are unassailable. We examine whether the breathalyzer was properly calibrated and maintained, whether the officer was certified to administer the test, and whether the chain of custody for blood samples was properly maintained.

DUI Defenses We Use

Many DUI cases have meaningful defenses that are not immediately apparent. We examine every aspect of the stop, the arrest, and the evidence. Common defenses include:

Unlawful Traffic Stop

Unless you were stopped at a lawful DUI checkpoint, the officer must have had reasonable suspicion to pull you over. If the stop was unlawful, all evidence obtained afterward, including BAC results, may be suppressed. No evidence, no conviction.

Miranda Rights Violations

If you made statements to the arresting officer after your arrest and were not informed of your Miranda rights, those statements may be inadmissible. This can significantly undermine the state’s case.

Faulty Testing

Breathalyzer machines must be regularly calibrated and maintained according to strict protocols. Officers must be properly certified to administer both breath and field sobriety tests. Errors in equipment maintenance or test administration can render results unreliable and inadmissible.

Medical Conditions

Certain medical conditions, including acid reflux, diabetes, and neurological disorders, can mimic signs of intoxication or affect BAC test results. If a medical condition contributed to the officer’s observations or the test outcome, that is a viable defense.

Checkpoint Violations

DUI checkpoints are lawful in Mississippi, but they must be conducted according to specific constitutional requirements. Checkpoints that fail to meet those requirements can result in suppression of all evidence obtained.

DUI Charges and Ole Miss Students

Oxford is home to the University of Mississippi, and a DUI charge carries consequences for students that go well beyond criminal court. A conviction, or even the process itself, can trigger university disciplinary proceedings, affect financial aid eligibility, jeopardize professional school applications, and create issues with on-campus housing.

We regularly represent Ole Miss students facing DUI charges and understand the full scope of what is at stake. Minimizing the legal consequences also means understanding the academic and professional ones, and we advise our student clients accordingly.

Frequently Asked Questions

What is non-adjudication and do I qualify?

Non-adjudication is a significant option available to most first-time DUI offenders in Mississippi. Rather than entering a conviction, the court imposes a set of requirements, typically including alcohol education classes, a victim impact panel, community service, fines, and a probationary period. If you complete all requirements within the designated timeframe, no conviction is entered on your record. You will generally be required to install an ignition interlock device during this period.

Non-adjudication is not automatic. It must be requested and approved, and not all cases qualify. We evaluate whether you are eligible and guide you through the process if you are.

Can a DUI be expunged in Mississippi?

Mississippi allows expungement of a non-adjudicated first-offense DUI in certain circumstances. Expungement removes all records related to your arrest, court proceedings, and sentence from public view. After a successful expungement, a background check will not surface the record and you generally will not be required to disclose it.

We evaluate every client’s record for expungement eligibility and can guide you through the process if you qualify.

Can I refuse a breathalyzer in Mississippi?

You can refuse, but there are consequences. A first-time refusal results in an automatic 90-day license suspension under Mississippi’s implied consent law. The refusal can also be presented to a jury as evidence of consciousness of guilt. Whether refusing is in your interest depends on the specific circumstances, which is why calling an attorney before you are in that situation matters.

Will a DUI show up on a background check?

A DUI conviction will appear on criminal background checks and can affect employment, housing, and professional licensing. A non-adjudicated first offense does not result in a conviction and generally will not appear. Certain DUI records may also be eligible for expungement. We can evaluate your specific situation and advise on your options.

How long does a DUI stay on my record in Mississippi?

A DUI conviction stays on your driving record permanently for purposes of calculating subsequent offense penalties, meaning a prior DUI from years ago can still elevate a new charge to a second offense. On your criminal record it also remains unless expunged. Mississippi does allow expungement of a first-offense non-adjudicated DUI in certain circumstances.

Do I need a lawyer for a first-offense DUI?

Yes. Even a first-offense DUI carries real consequences, and the decisions made early in the process can have lasting effects. A first offense is also the best opportunity to avoid a conviction entirely through non-adjudication or dismissal. An attorney gives you the best chance at the best possible outcome.

Speak With a DUI Defense Attorney in Oxford Today

If you have been charged with a DUI in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. immediately. Time matters, and the earlier we are involved, the more options we have to protect your license and your record.

Call us at (662) 234-7070 or contact us online to schedule a free, confidential consultation.