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Sentence Enhancements in Mississippi

In Mississippi, DUI there are four reasons why a DUI penalty can be enhanced:  (1) for refusing a law enforcement officer’s request to submit to a chemical test of his breath, (2) for negligently causing death or bodily injury to another person, (3) for having prior DUI convictions with 5 years, and (4) for having a BAC of higher than .15%

In Mississippi, there is an Implied Consent Law.  This means that by driving in Mississippi, a driver has agreed to a chemical test of his breath, blood, or urine if a police officer has reason to beliece that the person is DUI.  If the driver refuses to submit to a chemical test of his breath his driver’s license will be suspended for 90 days if it is his first DUI conviction or refusal, or 1 year if he has a prior DUI conviction or refusal.

If the driver, in a negligent manner, causes death or bodily injury to another person, then upon conviction, the driver will be guilty of a separate felony each death or injury and shall be imprisoned 5 to 25 years.  It is the court’s discretion to decide if subsequent convictions for causing death or injury run concurrent or subsequent to the initial conviction.

If the driver has been convicted of a prior DUI within 5 years, the penalty guidelines are different than the penalty guidelines for a first DUI conviction, however, the fact that the driver has prior convictions shall not be considered when calculating the sentences for subsequent convictions.

If the driver has a BAC of .15% or higher, then the trial court is permitted to enhance the sentence.


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