Mississippi DUI Laws, Penalties & Fines

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What are the penalties for a DUI in Mississippi?


1st Offense

2nd Offense

3rd Offense

Jail

Up to 48 hours

5 days up to 1 year

1 to 5 years

Fines and Penalties

$250 to $1,000

$600 to $1,500

$2,000 up to $5,000

License Suspension

90 days

2 years

5 years

IID** Required

No

Yes

Yes   

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Mississippi?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Mississippi?

Mississippi has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Mississippi’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

90 day license suspension

If first offense was a DUI: 1 year suspension of license. If first offense was a refusal to take test: 90 day license suspension.

If first or second offense was a DUI: 1 year suspension of license.

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Mississippi?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Mississippi.

Drinking and Driving Laws in Mississippi

The State of Mississippi prohibits the operation of a motor vehicle by a driver with a .08 percentage or above blood alcohol concentration (BAC). The .08 limit is the standard measurement for the "impaired" driver across the United States. Mississippi has lower BAC limits for drivers under the age of 21, and commercial drivers. In addition to alcohol, the Mississippi law also covers drugs and other controlled substances.

How many drinks does it take to reach the legal limit in Mississippi? This question is often asked by drivers that would like to know how many drinks they can consume before they are considered legally drunk. There are calculators and charts that can serve as a reference, however these devices cannot predict with 100% accuracy, all of the variables that contribute to your BAC score.

The best answer is not to drink and drive. The State of Mississippi has strict laws for drunk driving, and when you drink and drive in Mississippi, you risk your freedom, finances and your future.

The first drunk driving conviction you receive in the State of Mississippi will cost you a $250 to $1,000 fine or you may be imprisoned up to 48 hours in jail or both. You will also be ordered to attend and complete an alcohol safety program or attend a victim impact panel or both. Your drivers license will be suspended for a minimum of 90 days and until you attend and successfully complete a alcohol safety education program.

Your second DUI committed within 5 years of the first you will be fined a minimum of $600 up to $1,500. You will also serve a minimum of 5 days up to 1 year in jail and be ordered to do community service work for no less than 10 days up to 1 year. Your drivers license will be suspended for 3 years. You will also receive notice, by mail, that any subsequent convictions will bring the possibility of forfeiture of your vehicle.

Your 3rd drunk driving conviction in the State of Mississippi will be considered a felony. You will be fined a minimum of $2,000 up to $5,000. You will also serve a minimum 1 year and up to 5 years in the custody of the Mississippi Department of Corrections. Provided there was no injury associated with the conviction, the felon may serve the 1 year in Jail instead of the State Penitentiary. There will be no allowance for the court to provide a sentence reduction. Any driver receiving a 3rd subsequent violation will have their vehicle forfeited and their drivers license will be suspended for 5 years.

by: , Attorney

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