A Complete Guide to Mississippi DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Mississippi DUI Laws: From First Offense to Felony Charges

Mississippi, often called the "Magnolia State," has strict and evolving laws concerning impaired driving, known as "Driving Under the Influence" (DUI). These regulations are designed to deter individuals from operating vehicles while affected by alcohol or drugs, ensuring road safety throughout the state. Penalties for DUI in Mississippi are significant, escalating considerably for repeat offenses, high blood alcohol content (BAC) levels, or those involving aggravating circumstances such as child endangerment, serious injury, or death. Understanding these laws is crucial for anyone driving in Mississippi.

The General Framework of Mississippi DUI Laws

In Mississippi, a person can be charged with DUI if they are found to be operating a motor vehicle while:

Under the influence of intoxicating liquor or any other substance that impairs their driving ability; OR
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more.
Having any amount of a Schedule I or II controlled substance (e.g., cocaine) in their body.

Need a lawyer in your state?

Check out our 'finding a lawyer' page

Per Se DUI Law: Mississippi operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be under the influence, even if your driving does not appear impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Mississippi has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher (but less than $0.08%$ ), they can be charged with an underage DUI, leading to specific penalties for minors. If their BAC is $0.08%$ or higher, they face the same penalties as an adult.

Even if your BAC is below the specific "per se" limits, you can still face DUI charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations, field sobriety tests, or other evidence.

Implied Consent Law

Mississippi has an implied consent law (Mississippi Code Section 63-11-30). By operating a motor vehicle on the Commonwealth's public roads, you are legally deemed to have given your consent to a chemical test (breath, blood, or urine) to determine your BAC or drug content if a law enforcement officer has probable cause to believe you are driving under the influence and you are lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI in Mississippi carries immediate and severe administrative penalties from the Department of Public Safety (DPS), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal (no prior DUI or refusal): Automatic 90-day driver's license suspension.
Second or subsequent refusal: Automatic 1-year driver's license suspension.

These administrative suspensions take effect prior to any court conviction and are independent of criminal penalties. You generally have 10 days to request an administrative hearing to contest the suspension.

Mississippi DUI Statistics

Impaired driving remains a significant public safety concern in Mississippi. While specific, granular data for 2023 and 2024 is still being compiled and released, general trends indicate that alcohol-impaired driving contributes to a substantial portion of traffic fatalities. In 2022, Mississippi had a relatively high motor vehicle fatality rate of 23.9 deaths per 100,000 people, significantly higher than the national average. Approximately 18% of traffic fatalities in Mississippi involved an alcohol-impaired driver, with 163 such deaths recorded in 2022. This highlights the ongoing efforts by law enforcement and public health agencies to reduce impaired driving incidents.

Penalties for DUI in Mississippi

Mississippi's DUI penalties are substantial and become significantly more severe with each subsequent conviction. Mississippi uses a 5-year "look-back" period for determining the classification of repeat offenses (misdemeanor vs. felony) for most cases, measured from the date of the prior offense to the date of the new offense. However, for a fourth or subsequent DUI, the look-back period is lifetime.

First Offense DUI (Misdemeanor)

For a first-time DUI conviction in Mississippi (no prior convictions within the last 5 years):

Jail Time: Up to 48 hours.
- Note: The court may allow attendance at a victim impact panel instead of jail time.
Fines: $250 to $1,000, plus court costs and fees.
License Suspension: Up to 1 year.
- Reduction: If the driver completes the Mississippi Alcohol Safety Education Program (MASEP), the suspension may be reduced to 90 days. If the driver did not refuse the chemical test, the suspension may be reduced further to 30 days (often with an Ignition Interlock Device).
Mississippi Alcohol Safety Education Program (MASEP): Mandatory attendance and completion.
Ignition Interlock Device (IID): Mandatory for at least 120 days if eligible for a non-adjudication, or if seeking a hardship license or reduction in suspension period. All vehicles owned by the offender may be subject to impoundment, immobilization, or IID installation.
Non-Adjudication: A first-offense DUI may be eligible for "non-adjudication," meaning the court stays sentencing and the driver completes MASEP and an IID requirement (typically 120 days). If successful, there is no conviction on the criminal record, but it will count as a prior offense if there's a subsequent DUI. This is not available if BAC was $0.15%$ or higher, or if there were aggravating circumstances.

Repeat Offenses

Second Offense DUI (within 5 years - Misdemeanor):
- Jail Time: 5 days to 6 months imprisonment.
- Community Service: 10 days to 6 months.
- Fines: $600 to $1,500.
- License Suspension: 1 year.
- Ignition Interlock Device (IID): Mandatory for at least 1 year after suspension, if driving privileges are reinstated.
- Alcohol Assessment & Treatment: Mandatory in-depth diagnostic assessment for substance abuse issues and adherence to recommended treatment.
- No Non-Adjudication: Not eligible for non-adjudication.
Third Offense DUI (within 5 years - Felony):
- Prison Time: 1 to 5 years in state penitentiary.
- Fines: $2,000 to $5,000.
- License Suspension: 5 years.
- Ignition Interlock Device (IID): Mandatory for 5 years after suspension, if driving privileges are reinstated.
- Vehicle Forfeiture: Mandatory seizure and sale of the vehicle.
- Alcohol Assessment & Treatment: Mandatory comprehensive program.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications.
Fourth or Subsequent Offense DUI (Lifetime Look-back - Felony):
- Prison Time: Not less than 10 years nor more than 25 years in state penitentiary.
- Fines: Not less than $3,000 nor more than $10,000.
- License Revocation: Mandatory 10-year revocation.
- Ignition Interlock Device (IID): Mandatory for 10 years after suspension, if driving privileges are reinstated.
- Vehicle Forfeiture: Mandatory.
- Felony Criminal Record: Permanent felony conviction.

Aggravating Factors and Enhanced Penalties:

Certain circumstances automatically elevate a DUI charge or significantly increase penalties in Mississippi:

DUI with Child Passenger (Child Endangerment): If driving under the influence with a passenger under the age of 16 in the vehicle.
- This is a separate and additional charge to the DUI.
- Penalties: Up to 12 months in jail and/or a fine of up to $1,000. These penalties are in addition to the standard DUI penalties.
DUI Causing Serious Injury or Death (Aggravated DUI - Felony):
- If the DUI causes the serious injury, mutilation, or disfigurement of another person, it is a felony offense. Penalties include imprisonment of up to 20 years and fines of up to $10,000, for each victim.
- If the DUI causes the death of another person, it is a severe felony offense. Penalties include imprisonment of up to 25 years and fines of up to $10,000, for each death.
- Mandatory IID for 5 years post-release.
Refusal to Test: While it triggers administrative license suspensions, it also can lead to stiffer criminal penalties if found guilty of the underlying DUI.
High BAC (not always an automatic enhancement, but a factor): While Mississippi doesn't have a specific "super drunk" law like some states, a BAC of $0.15%$ or higher can preclude eligibility for non-adjudication for a first offense, leading to more direct penalties.
Driving a Commercial Motor Vehicle: Special rules and lower BAC limits ( $0.04%$ ) apply, with severe penalties including longer license disqualifications for commercial drivers.

Conclusion

Mississippi's DUI laws are comprehensive and severe, reflecting the state's aggressive stance against impaired driving. From mandatory jail time (or alternative programs), significant fines, and lengthy license suspensions (often coupled with mandatory Ignition Interlock Device installation) for even a first offense, to extensive prison sentences, permanent felony records, and vehicle forfeiture for repeat or aggravated offenses, the consequences are designed to be substantial and far-reaching. The unique "non-adjudication" option for first offenders provides a potential path to avoid a criminal conviction, but it comes with strict requirements. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the severe penalties for refusal), and the impact of aggravating factors is paramount for every driver in Mississippi. For anyone facing a DUI charge in the Magnolia State, immediate consultation with an experienced Mississippi DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

From another state?

Check out our 'Laws by state' page

Search This Blog

DUI Legal Information & Support