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

** 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.

What is the minimum jail time?

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

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.

1st Mississippi DUI Offense

First Drunk Driving Conviction

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

Other Possibilities

• Complete Alcohol Safety Education Program
• Attend Victim Impact Panel

More Information: First Offense DUI in Mississippi

2nd Mississippi DUI Offense

Second Drunk Driving Conviction

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

Other 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

More Information: Second Offense DUI in Mississippi

Third Drunk Driving Conviction

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

Other Possibilities

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

More Information: Third Offense DUI 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.

Drunk Driving Laws in Mississippi

State of Mississippi BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Mississippi

The implied consent law in the State of Mississippi means that all drivers have agreed to submit to a chemical test of their blood, breath or urine if a law enforcement officer has reason to believe that the person is under the influence of drugs, alcohol or both. A refusal to submit to a chemical test will automatically result in the suspension of your drivers license for a period of 90 days without a previous conviction or refusal, or 1 year with a previous conviction or refusal.

State of Mississippi - More DUI Information

Other Mississippi Information on this Website

Mississippi Teen Driving Laws & Insurance Requirements