Drunk Driving Injury Attorney in Biloxi

Chemical impairment contributes to approximately 40% of all motor vehicle accidents in United States each year, and according to the National Highway Transportation Safety Administration (NHTSA), almost 30 Americans die in drunk driving crashes (on average) every single day. After decades of high-profile campaigns raising public awareness to this issue, these numbers show that far too many people still make the horrible and often fateful decision to get behind the wheel after having too much to drink.

The statistics are no better in Mississippi. The Magnolia State has consistently led the nation in traffic fatalities, earning it the label of the deadliest place in America to drive a car. There are many reasons for the high number of traffic-related deaths in the state, and alcohol is most certainly a contributing factor. During the past two decades, thousands of people in Mississippi have been killed in alcohol-related crashes throughout the state.

As with every other state, Mississippi has stiff criminal penalties for those who are convicted for DUI. Offenders can face heavy fines, jail time, loss of driving privileges, and other consequences. But while these penalties might help serve as a deterrent against this type of behavior, they do nothing to help victims who are injured or killed in drunk driving accidents.

Individuals who are hit by a drunk driver are victims of being in the wrong place at the wrong time. One minute, they are driving along minding their own business. The next minute, they find their entire lives being turned upside down. In the blink of an eye, they are in extreme physical pain, shock, and in some cases, fighting for their lives. Those who find themselves in this sad and unfortunate situation deserve to be fully compensated.

If you or someone close to you was injured in a drunk driving accident, it is important to speak with an experienced attorney, so you are fully informed of your rights and legal options. Before talking to anyone from the other party’s insurance company, call the Gardner Law Firm to discuss your case.

For over four decades, the Gardner law firm has successfully represented individuals who have been injured in car accidents in Ocean Springs, Biloxi, Gulfport, Pascagoula, and communities throughout Southern Mississippi. Our lawyers have extensive knowledge of personal injury law, and a proven track record with even the most complex cases. When a motorist is injured by a drunk driver, we perform a thorough investigation of the case and explore every potential legal avenue toward recovering full and fair compensation.

What Laws Govern Drunk Driving in Mississippi?

In Mississippi, the legal framework governing driving under the influence (DUI) is primarily found under Mississippi Code Section 63-11-30. Often referred to as the “Implied Consent Law,” these statutes outline the strict consequences for operating a vehicle while impaired. As of 2025 and 2026, Mississippi continues to enforce some of the most rigorous drunk driving laws in the country, emphasizing public safety through a combination of fines, mandatory education, and license restrictions.

Legal Blood Alcohol Limits

Mississippi defines intoxication based on Blood Alcohol Concentration (BAC) thresholds, which vary depending on the driver’s age and the type of vehicle being operated. For most adults aged 21 and older, the legal limit is 0.08%. For commercial drivers, the threshold is significantly lower at 0.04%. Most notably, Mississippi maintains a “Zero Tolerance” policy for minors under 21, where a BAC of just 0.02%—often the result of a single drink—is enough to trigger a DUI charge.

The Implied Consent Law

By operating a motor vehicle on Mississippi’s public roads, you have technically already given your “implied consent” to undergo chemical testing (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are driving while impaired. While you have the physical right to refuse these tests, doing so results in immediate administrative penalties. Typically, refusing a chemical test leads to an automatic 90-day driver’s license suspension for a first offense, even if you are eventually found not guilty of the DUI itself.

Penalties for a First Offense

A first DUI conviction in Mississippi is classified as a misdemeanor. If convicted, an adult driver faces a fine ranging from $250 to $1,000 and up to 48 hours in jail. In many cases, a judge may allow the defendant to attend a “Victim Impact Panel” in lieu of jail time. However, the driver must also complete the Mississippi Alcohol Safety Education Program (MASEP). Licenses are usually suspended for 120 days, though drivers may be eligible for an ignition interlock-restricted license, which allows them to continue driving if they install a breathalyzer device in their vehicle.

Consequences for Repeat Offenders

Mississippi utilizes a five-year “look-back period” for second and third offenses. A second DUI conviction within five years remains a misdemeanor but carries much harsher penalties: fines between $600 and $1,500, a mandatory minimum of five days in jail (up to six months), and at least ten days of community service.

A third conviction within five years is elevated to a felony. This carries a mandatory prison sentence of one to five years in the custody of the Department of Corrections and fines up to $5,000. For a third offense, the driver’s license is typically suspended for the duration of the prison sentence, followed by three years of mandatory ignition interlock usage upon release.

Aggravated DUI and Serious Injury

When a DUI results in the serious injury or death of another person, the charge is upgraded to “Aggravated DUI.” This is a severe felony in Mississippi. If convicted of causing death or permanent mutilation while driving under the influence, a person can face between 5 and 25 years in the State Penitentiary for each victim involved. Unlike standard DUIs, these sentences are rarely eligible for significant reduction or suspension.

Non-Adjudication and Expungement

For some first-time offenders, Mississippi offers a “non-adjudication” program. This allows a driver to avoid a formal conviction on their record if they plead guilty, pay all associated fines, and complete all court-ordered programs (like MASEP and ignition interlock requirements). If the driver successfully meets all conditions, the case is dismissed. Additionally, after a certain period, some first-time offenders may be eligible to have their DUI record expunged, though this is a complex legal process that generally only applies if the driver did not refuse the chemical test at the time of arrest.

Zero Tolerance for Minors

The state’s Zero Tolerance policy for those under 21 is designed to be a deterrent rather than a purely punitive measure for very low BAC levels. For a first-time minor offender with a BAC between 0.02% and 0.08%, the fine is usually $250, and the license is suspended for 120 days. However, if a minor’s BAC is 0.08% or higher, they are subject to the same severe criminal penalties as an adult, which can include jail time and a permanent criminal record.

Dram Shop Liability Claims in Mississippi

There are some cases in which the driver may not be the only one who may be held responsible for a drunk driving accident. Under Mississippi dram shop laws, individuals who are injured by a drunk driver could pursue a claim against an establishment that served alcohol to the driver before he or she got into the accident.

This type of claim is challenging to pursue, however. You must prove that the driver was either “visibly intoxicated” when the establishment provided them with drinks, or that the driver was under 21 and not legally allowed to drink. Meeting the “visibly intoxicated” standard will usually require the testimony of eyewitnesses, and of course, any video evidence that can be captured is extremely helpful.

Mississippi also provides for social host liability claims, but only when alcohol was served to a minor under the age of 21 who causes a drunk driving accident. Unfortunately, the host of a private party or event (i.e., social host) cannot be held liable for providing alcohol to an individual who is 21 years of age or older, no matter how “visibly intoxicated” they were.

Speak with a Knowledgeable and Compassionate Mississippi Drunk Driving Accidents Lawyer Reckless

Being injured at the hands of a drunk driver can be life-altering event, and during this difficult time, you need a strong advocate in your corner who is willing to look out for your interests and fight for every dollar of compensation you deserve. At the Gardner law firm, we understand the enormous physical, emotional, and financial pain drunk driving accident victims and their families have to endure, and we do everything possible to make the legal process smooth and seamless. We work closely with our clients, and we handle all of the complicated legal tasks, so you can focus on recovering from your injuries and getting your life back on track.

If you are in Ocean Springs, Gulfport, Biloxi, Pascagoula, or anywhere along Mississippi’s Gulf Coast, call the Gardner Law Firm today at 228-436-6555 or message us online to schedule a free consultation and case assessment.

We handle all personal injury cases on a contingency basis – you only pay attorney fees if we win your case