DeSoto County Multiple DUI Lawyer

Treating Your DUI as a Multi-Offense in Mississippi

If you are facing a DUI charge in Mississippi, you may be wondering if you will be treated as a first-time offender if you are arrested for a second DUI. The answer is no. The state of Mississippi will treat your second DUI as a first offense if you were convicted of a first DUI within the past five years. If you were convicted of a DUI more than five years ago, the state will treat your second DUI as a first offense.

However, if you are arrested for a third DUI in the state, the state will treat it as a first offense. If you are arrested for a fourth DUI, the state will treat it as a second offense. Regardless of how many DUIs you have been convicted of, the state will treat your fifth DUI as a third offense.

If you have been arrested for a DUI and you have prior DUI convictions, your Mississippi DUI attorney will have to prove that the prior DUI convictions are "substantially similar" to the current DUI charge. This is a very difficult standard to meet. However, if your attorney can prove that the prior DUI convictions are substantially similar, the state of Mississippi will treat the prior convictions as prior convictions and not first offenses.

What Are Substantially Similar DUI Convictions?

In Mississippi, the state has defined what substantially similar DUI convictions are. First, the prior DUI conviction must have occurred within the past five years. Second, the prior DUI conviction must be for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. Third, the prior DUI conviction must be for a violation of a state law prohibiting driving while intoxicated. Fourth, the prior DUI conviction must also have occurred in Mississippi.

The fourth requirement means that if you were convicted of a DUI in another state, the state of Mississippi will treat it as a first offense. However, if you were convicted of a DUI in Mississippi and you were convicted of a DUI in another state within the past five years, the state of Mississippi will treat the prior out-of-state DUI as a substantially similar DUI conviction.

How Does the State Treat Prior DUI Convictions in Federal Court?

In federal court, the state of Mississippi will treat a prior DUI conviction as a first offense if the prior conviction occurred within the past ten years. If the prior conviction occurred more than ten years ago, the state will treat it as a prior conviction.

What Are the Penalties for a Substantially Similar DUI?

The penalties for a substantially similar DUI conviction are the same as the penalties for a first offense DUI conviction. The penalties for a first offense DUI conviction include up to six months in jail and a fine of up to $600. You may also have your driver's license suspended for up to one year.

Call Hayes Law Firm for a Substantially Similar DUI Defense

If you have been arrested for a DUI and you have prior DUI convictions, you may be facing a substantially similar DUI. The state of Mississippi will treat a prior DUI conviction as a first offense if it occurred within the past five years. However, if it occurred more than five years ago, the state will treat it as a prior conviction. Regardless of how many prior DUI convictions you have, the state will treat your fifth DUI as a third offense.

If you have prior DUI convictions, you may be facing a substantially similar DUI. If this is the case, you need a DUI attorney who has experience with these cases. At Hayes Law Firm, our DeSoto County multiple DUI attorney has handled numerous DUI cases, and we have handled cases where our clients have had prior DUI convictions. We can help you avoid the penalties of a substantially similar DUI conviction.

Call our DeSoto County multiple DUI lawyer at (662) 503-8409 or contact us online.