DUI and Drug Defense

DUI Offenses:

DUIs can be uncomfortable and unnerving for those who have the misfortune of being charged with them. However, they are not the end of the world, and a defense can be put on against them even if there is evidence that they occurred. If you have been charged with a DUI and you opt for trial, we will question the nature of the prosecutor’s evidence such as the testimony of the arresting officer and the precision of the breathalyzer, as well as the justification for the stop and seizure, at the point of arrest.


Probable cause can be lacking for the stop and if this is the case, the charges may be thrown out. If significant evidence against you exists and a defense looks unlikely to succeed, a guilty plea may be necessary. In this event, you should know the nature of DUI penalties in Mississippi.


First DUI Conviction:

  • Jail – For Up to 48 Hours
  • Fine – From $250 up to $1,000
  • License Suspension – 90 Days
  • License Suspension – Hardship Driving Privileges Possible After 30 Days


Additional Possibilities:

  • Take and complete Alcohol Safety Education Program
  • Attend a Victim Impact Panel


Second DUI Conviction:

  • Jail – From 5 Days to 1 Year
  • Fine – From $600 up to $1,500
  • License Suspension – For 2 Years
  • Community Service – From 10 Days to 1 Year


Additional Possibilities:

  • Ignition Interlock – For 6 Months after License Reinstatement
  • Impoundment or Immobilization of all Registered Vehicles
  • Complete Alcohol Safety Education Program
  • Attend Victim Impact Panel


Third DUI Conviction:

  • Jail – 1 to 5 Years
  • Fine – $2,000 up to $5,000
  • License Suspension – 5 Years
  • Alcohol and/or Drug Abuse Program
  • Vehicle Seizure


Additional Possibilities:

  • Ignition Interlock
  • Vehicle Forfeiture
  • Impoundment or Immobilization of all Registered Vehicles
  • Complete Alcohol Safety Education Program
  • Attend Victim Impact Panel


Drug Offenses:

Marijuana Crimes:

Punishment for possession of marijuana can range from a misdemeanor for a first time offense (no jail time and a fine ranging from $100 to $250) to a felony for possession of 30 kilograms or more (fine up to $1,000,000 and jail time from 10 to 30 years). If the charges include the sale of marijuana, the punishment increases dramatically and can even include life without parole if more than 10 lb. is alleged to have been sold. Another factor that is relevant is whether the sale was to a minor (doubling a sentence) or within 1,500 feet of a school, church or other designated area (double penalty).

Possession of 30 grams or less of marijuana can be punished by a fine of $100 - $250 for the first offense. Possession of greater than 30 grams increases the penalty to a fine of up to $3,000 and up to three years in prison. The possession of 250 grams or more is punished by 2 - 8 years in prison and a fine up to $50,000. Possession of 500 grams or more makes the penalty 6 - 24 years in prison and a fine up to $500,000. For possession of 5 kilograms or greater the penalty is 10 -30 years in prison and a fine up to $1,000,000. Additional penalties are possible for possession in any part of a motor vehicle except the trunk.

Delivery or sale of less than one ounce is punishable by up to three years in prison and a fine up to $3,000. The sale of one ounce or more is punishable by up to 20 years in prison and a fine up to $30,000. If the sale is one kilogram or more, the penalty is up to 30 years in prison and a fine of $5,000 - $1,000,000. If the sale is more than 10 pounds, the penalty is life in prison without the possibility of parole.

The sale to a minor doubles the penalty. Delivery within 1,500 feet of the buildings of a school, church, public park, ballpark, gymnasium, youth center, or movie theater also doubles the penalties available.

Possession of 30 grams or less of marijuana in the passenger compartment of a car is a misdemeanor with a fine of no more than $1000, and no more than 90 days in the county jail.

For second or subsequent offenses of over 30 grams of marijuana, the punishment increases to twice the amount available to first offenders.  A second conviction within two years for possession of 30 grams or less carries a fine of $250, and not less than 5 days or more than 60 days in county jail.

For drug convictions, the individual’s driver's license is suspended for six months.

                Clearly, marijuana crimes are not to be taken lightly in Mississippi and you should consult the attorneys at Bankhead Law Firm if you believe you are in danger of being charged or have already been charged with the possession or sale of marijuana. Don’t wait until it’s too late. Call us at 662-234-8500 so we can help.


Other Drug Crimes:

Drug crimes can be subject to both federal and state jurisdiction and as a result you need a team of lawyers prepared to navigate the many facets of these cases. Drawing on a network of experienced drug defense lawyers, let the team at Bankhead Law Firm help exonerate you. Possession or sale of powder cocaine, crack cocaine, methamphetamines, or prescription drugs are serious charges that can carry extensive fines and jail time. If you think you are in danger of prosecution for these crimes, call us at 662-234-8500 to see if we can help.

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 Bankhead Law Firm, Attorneys at Law, serves all of Northern Mississippi from the Jackson metro area to Oxford, Batesville, Tupelo, Southaven, Olive Branch, Horn Lake, and Tunica. We proudly serve the counties of Lafayette, Panola, Tate, Yalobusha, Tallahatchie, Tunica, Lee, Quitman, Coahoma, Pontotoc, Union, Itawamba, Tishomingo, Alcorn, Tippah, Marshall, Bolivar, Calhoun, Chickasaw and Monroe among others.