DUI Frequently Asked Questions

Mississippi has some tough penalties for DUI offenses. If you are searching for answers because you're curious about what happens to someone who has been arrested for a DUI, then here are some of the topics that most people want to know about. If you are here because you have been arrested for a DUI or have a family member or friend who has, then you will need legal representation. Attorney Gill Baker is an excellent defense attorney for your DUI or criminal case because he was a police officer before becoming a defense attorney and understands both sides of the law.

General DUI questions

  • How can Baker Law Firm help someone who has been arrested for DUI?

    If it is a first offense, we can keep the conviction off your record. Even if you are “guilty”, we can make sure everything was done correctly by the officer. Sometimes we can get the case dismissed based on errors or shortcuts by the arresting officer. 

  • What should I do if I get pulled over?

    Be respectful, even if the officer is not, this can make a difference in court. You are not required to do any roadside sobriety test. If you haven’t been drinking, do them. If you have, don’t, as this will give the officer more evidence against you. 

  • Am I legally required to do a field sobriety test?

    No, the officers that do them are supposed to be trained in how to give and interpret them. Not all officers have had this training. 

Adult Drivers/General DUI

  • What is the BAC (blood alcohol concentration) limit for adult drivers?

    .08 unless driving a vehicle that requires a commercial drivers license, then it is .04. 

  • How long does a DUI stay on your record?

    DUI is an enhanceable offense, meaning the severity of the penalty increases based on specific factors. 


    • 2nd or 3rd DUI in a five-year period has an enhanced penalty. 
    • 3rd DUI in a five-year period is a felony. 
    • 4th DUI in your lifetime is a felony. 

  • How can I get a DUI off my record?

    If you did not refuse a chemical test, you can have your 1st DUI expunged from your record five years after conviction as long as you don’t get another one. 

  • What is non-adjudication and what are the requirements?

    Non-adjudication is where you plead guilty, but the judge does not accept your plea. You have to pay your fine and do the MASEP (Mississippi Alcohol Safety Education Program) and possibly the Victim’s Impact classes, and anything else the judge orders. If you complete everything and don’t get any other charges, the case is dismissed. 

Commercial Drivers

  • BAC limit for commercial drivers?

    .04

  • How long does DUI stay on record?

    This is the same as a someone with a non-commercial driver’s license. 

    DUI is an enhanceable offense, meaning the severity of the penalty increases based on specific factors. 


    • 2nd or 3rd DUI in a five-year period has an enhanced penalty. 
    • 3rd DUI in a five-year period is a felony. 
    • 4th DUI in your lifetime is a felony. 

  • What are the consequences for a DUI for a commercial driver?

    Someone convicted of a DUI with a commercial drivers license is not eligible for non-adjudication and it cannot be expunged. 


    • Fine - $250 -1,000 for a 1st offense.
    • Jail – up to 48 hours for a 1st offense
    • Licenses Suspension –shall be disqualified from driving a commercial motor vehicle for 1 year. The same if you refuse to submit to a test to determine your BAC. 

Underage Drinking

  • What is the BAC limit for someone underage?

    .02 -.08. If .08 or higher, then you are treated as an adult. 

  • What are the consequences of getting a DUI while underage?

    Fines 


    • 1st offense - $250, attend the MASEP class and possibly the Victim’s Impact class and license suspension for 120 days. 
    • 2nd offense within 5 years, the fine can be $500 with a 1-year license suspension and up to $1,000. 
    • 3rd offense – 5 years suspension and alcohol or drug treatment. 

    Jail – none


    License Suspension 

    • 1st offense, 120 days
    • 2nd offense, 1 year
    • 3rd offense, 5 years

  • What are the consequences of getting caught drinking while underage (minor in possession or MIP)?

    $250 – 500 fine and up to 30 days of community service. 

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