Facing Aggravated DUI in Mississippi? Fight Jail and Fines Now

Mississippi law does not use a single, universal charge called “aggravated DUI.” Instead, certain DUI circumstances carry enhanced penalties or become separate felony offenses. The core DUI statute is Miss. Code Ann. § 63-11-30. Depending on the facts, a DUI can be charged as a misdemeanor or a felony (for example, certain repeat offenses, DUI child endangerment, or DUI causing serious injury or death).

What “Aggravated” DUI Typically Means in Mississippi

While the label may vary in practice, prosecutors often seek enhanced punishment or file more serious DUI charges when:

• There are prior DUI convictions. Certain repeat DUI offenses may be felonies under § 63-11-30.
• A crash causes serious injury or death. DUI causing death or certain serious injuries is a felony under § 63-11-30.
• A child passenger is in the vehicle. DUI child endangerment has its own penalties under § 63-11-30.
• There are additional alleged offenses or risk factors. Conduct such as reckless driving, fleeing, or driving while suspended may be charged separately and can increase overall exposure even if they do not change the DUI classification.
• Chemical test refusal or a high test result. A refusal triggers implied-consent license consequences under § 63-11-23, and some outcomes can include ignition interlock requirements under § 63-11-31.

Potential Penalties and Collateral Consequences

Penalties depend on the exact charge and your history. Under § 63-11-30, misdemeanor DUI sentences can include jail, fines, education/treatment, community service, probation, and ignition interlock. Certain repeat DUIs, DUI child endangerment, and DUI causing serious injury or death are felonies that can carry prison time and substantial fines. Separate from the court case, implied-consent law can suspend or restrict driving privileges after a test failure or refusal (§ 63-11-23), and ignition interlock rules may apply to eligibility for restricted driving or reinstatement (§ 63-11-31).

Any DUI conviction can also affect employment, professional licensing, insurance, and immigration status for non-citizens. Outcomes vary by judge, court, and facts.

How Prosecutors Try to Prove the Case

The State may rely on:

• Officer observations and driving behavior
• Field sobriety test performance
• Breath or blood test results and related records
• Dash/body camera footage
• Accident reconstruction in crash cases
• Witness statements
• Certified records of prior convictions or license status
• Documentation of passenger age in child-endangerment allegations

Each item can be scrutinized for legal sufficiency and scientific reliability.

Defenses We Examine Right Away

• Stops and checkpoints: Was there reasonable suspicion or a valid checkpoint plan?
• Statements: Were Miranda and other constitutional protections followed?
• Field sobriety tests: Were instructions, conditions, and scoring proper?
• Chemical testing: Instrument maintenance, calibration, observation period, medical conditions, blood draw protocol, and chain of custody
• Priors/license status: Are records accurate and admissible?
• Crash causation: Does the evidence actually link impairment to the crash and alleged injuries?
• Negotiations: Can enhancements be reduced or dismissed where proof is weak?

License Consequences and Ignition Interlock

Mississippi’s implied-consent law authorizes administrative action against your license for test failures or refusals (§ 63-11-23). Short deadlines can apply to request a hearing or to seek a restricted/interlock license. Eligibility, timing, and reinstatement steps often depend on the charge level, test result or refusal, and your prior history. Interlock requirements and restricted driving privileges are addressed in § 63-11-31.

Practical Tips to Protect Your Case

What To Do Immediately

Frequently Asked Questions

Is “aggravated DUI” a felony in Mississippi?

The phrase “aggravated DUI” is not a single statutory charge. However, certain DUI circumstances are felonies—such as some repeat DUIs, DUI child endangerment, and DUI involving serious injury or death—under § 63-11-30.

Will I lose my license?

It is possible. Administrative consequences can follow a test failure or refusal, and court outcomes can also affect driving privileges. See § 63-11-23 and § 63-11-31. Options for restricted or interlock driving depend on your facts and history.

Do I have to install an ignition interlock?

Interlock may be required as a condition of certain court outcomes or to obtain restricted driving privileges. See § 63-11-31.

Can I fight a high BAC result?

Yes. We examine instrument maintenance and calibration, observation periods, medical issues, blood draw protocols, and chain of custody.

What if I refused testing?

Refusals can lead to implied-consent license consequences and can affect defense strategy. Options depend on the stop, the request, and timing under § 63-11-23.

Take Action Now

These cases move quickly. Early intervention can preserve defenses, protect your license, and improve negotiation leverage. Talk to us today: request a confidential consultation.

Sources

• Miss. Code Ann. § 63-11-30 (DUI offenses and penalties)
• Miss. Code Ann. § 63-11-23 (Implied consent; license suspensions for test failure/refusal)
• Miss. Code Ann. § 63-11-31 (Ignition interlock; restricted driving)

Disclaimer (Mississippi): This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and vary by court and case. Consult a licensed Mississippi attorney about your specific situation.