Administrative License Process in Mississippi
If you are stopped for drunk driving in Mississippi the police officer will ask you to submit to a blood content test (BAC). Under Mississippi Implied Consent Laws you have implicitly agreed to submit to a blood alcohol content test (BAC) when asked to do so.
If you submit to the blood alcohol content test (BAC) and if your blood alcohol content is more than 0.08% or higher, your driver’s license will be confiscated and the law enforcement officer will give you a temporary driving permit.
Drivers have the legal right to request an Administrative License Hearing within 10 days from the date of the license suspension to investigate whether the administrative license suspension was valid. State administrative hearings may vary, but basically, in all states, the administrative license hearing allows the court to review the following facts:
- Whether the Mississippi officer had reasonable grounds to believe the
arrested person had been driving, attempting to drive, or was in
actual physical control of a vehicle while under the influence of intoxicating
liquor, narcotics, or drugs.
- Whether the person was arrested
- Whether the person refused to submit to the blood alcohol content test (BAC) upon the request of the law enforcement officer
- Whether the officer informed the arrested person of his or
her right to have a similar blood alcohol content test (BAC) or tests conducted by a person of his or her own choosing
- Whether the officer informed the arrested person of the
fact that refusal to permit the blood alcohol content test (BAC)would result in suspension of his or her license or driving privilege
If this was your first drunk driving arrest and you did not refuse the blood alcohol test (BAC) you can generally get your hardship license after a 30 days suspension if you can prove that not driving will interfere with your employment, your education or your medical care. To prove hardship and get your hardship license you may need evidence or an affidavit from either your employer, medical physician or your school. If the court agrees to give you a hardship license you will have to pay a $150 fee.
Keep in mind, the administrative suspension hearing and subsequent license suspension is separate from the drunk driving suspensions and drunk driving penalties which may be assessed if you are ultimately convicted of drunk driving in Mississippi.
Convicted of drunk driving in Mississippi
What if you are convicted of drunk driving in Mississippi? If this is your first Mississippi drunk driving offense, your license will be suspended for 90 days to one year. For a second drunk driving conviction your license will be suspended for 2 years and for a third drunk driving conviction you may have your license suspended for 5 years.
How do you reinstate your license after you have completed your drunk driving suspension? You will have to do several things:
- Pay all of the fines for your Mississippi DUI.
- Pay the license reinstatement fee. Contact the Mississippi Department of Public Safety for the amount of your fines.
- Contact the DPS and make sure your record has been cleared.
Hiring a DUI lawyer in Mississippi
Regardless if you are simply requesting an administrative license hearing , you are fighting your third Mississippi DUI or if you need help getting your Mississippi hardship license, it is time to contact a DUI lawyer. Mississippi DUI penalties and fines for DUI are very severe. Do not try to fight this alone.
- What Happens to My License After A DUI in Florida? (duiattorneyhome.com)
- Drunk driving and hardship license in Connecticut (duiattorneyhome.com)
- Texas Drunk Driving License Suspensions (duiattorneyhome.com)
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