Misdemeanor charges of driving under the influence are heard in Municipal Court.
The appearance date written on the DUI ticket is the arraignment or plea date. On that date the defendant will enter a plea of “Guilty” or “Not Guilty”. Guilty pleas are sentenced on that date. Not Guilty pleas will be given another date for trial. All parties involved in the case will be expected to be present on the trial date.
Sentencing on a conviction for DUI is as follows:
DUI 1st Offense (Misdemeanor) (M.C.A. 63-11-30 (2a))
- $250.00 to $1,000.00 fine and no more than forty-eight (48) hours in jail or both; and ordered to attend and complete MS Alcohol Safety Education Program (MASEP) and Victim Impact panel (VIP).
- The MS Department of Public Safety (MHP) will suspend driving privileges until MASEP is completed or a minimum of ninety (90) days.
- MASEP and VIP registration forms are provided on the day of sentencing.
DUI 2nd Offense (Misdemeanor) (M.C.A. 63-11-30 (2b))
- $600.00 to $1,500.00 and not less than five (5) days nor more than one (1) year in jail, or both and immobilization of any and all vehicles registered to the person convicted for the entire length of license suspension.
- The MS Department of Public Safety (MHP) will suspend driving privileges for a period of two (2) years. The suspension may be reduced to one (1) year upon completion of a Drug and Alcohol Assessment Program by a State mental health Center
DUI 3rd Offense or Subsequent Offense (Felony) within five (5) years and is handled thru Circuit Court.