Mississippi’s DUI Laws and First, Second, and Third Conviction Penalties

In Mississippi, the penalties you'll face for a DUI conviction depend largely on how many prior convictions you have. In this article, we cover how Mississippi law defines driving under the influence and the penalties for a first, second, and third DUI conviction.

Mississippi's DUI Laws

Mississippi's DUI (also called "OUI" or "operating under the influence") laws forbid a person from driving under any of the following circumstances:

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle)
• while under the influence of any drug or controlled substance (including medical marijuana)
• while under the influence of any substance that impairs the person's driving ability, or
• while under the influence of intoxicating liquor.

In other words, you can be convicted based on actual impairment or the amount of alcohol in your system. (Miss. Code. § 63-11-30 (2025).)

How Mississippi Defines "Under the Influence"

Mississippi law defines "under the influence" as a state of intoxication sufficient to lessen a person's "normal ability for clarity and control." (Warwick v. State, 179 So.3d 1069 (Miss. 2015).)

Per Se DUIs in Mississippi

A driver with a BAC of .08% (.04% if driving a commercial vehicle) or more can be convicted of a "per se DUI." A conviction for a per se DUI doesn't require evidence of actual impairment. A driver can be convicted of a DUI based solely on a BAC above the legal limit.

Mississippi First DUI (Misdemeanor) Penalties

First and second-offense DUIs are misdemeanors. For purposes of determining whether an offense is a first or second, only priors within the past five years count. A first DUI conviction generally carries:

• up to 48 hours in jail
• completion of an alcohol safety education program
• $250 to $1,000 in fines, and
• a 120-day license suspension.

(Miss. Code. §§ 63-11-23, 63-11-30 (2025).)

Offenders may drive during the suspension period if they equip their vehicles with an ignition interlock device (IID) and obtain a restricted IID license. (Miss. Code. §§ 63-11-23, 63-11-31 (2025).)

Mississippi Second DUI (Misdemeanor) Penalties

A second DUI conviction within five years is a misdemeanor that generally carries:

• five days to six months in jail
• community service for 10 days to 6 months
• $600 to $1,500 in fines, and
• a one-year license revocation.

(Miss. Code. §§ 63-11-23, 63-11-30 (2025).)

All vehicles owned by the offender must be equipped with an ignition interlock device (IID) or will be immobilized or impounded. However, the driver might be able to obtain a restricted IID license to drive during the revocation period. (Miss. Code. §§ 63-11-23, 63-11-31 (2025).)

Mississippi Third/Aggravated DUI (Felony) Penalties

A third or subsequent DUI within a lifetime (the five-year washout period doesn't apply) is a felony. A third DUI generally carries:

• one to five years in jail, and
• $2,000 to $5,000 in fines.

(Miss. Code. § 63-11-30 (2025).)

For most third-offense DUIs, the state will revoke the driver's license for the period of incarceration. When the convicted motorist gets out of jail, they will be eligible for only a restricted IID license for three years. All vehicles owned by the offender also must be equipped with an ignition interlock device (IID) or will be immobilized or impounded. (Miss. Code. §§ 63-11-23, 63-11-31 (2025).)

Also, a DUI offender who kills or seriously injures another person while driving under the influence can be charged with an "aggravated DUI." An aggravated DUI conviction generally carries 5 to 25 years in prison. (Miss. Code. § 63-11-30 (2025).)

Avoiding Mississippi DUI Penalties Through "Non-Adjudication"

For a first-offense DUI, the driver might be eligible for a "non-adjudication" determination. Under non-adjudication for a DUI involving alcohol, the driver must complete an alcohol safety program, complete a 120-day IID requirement, and pay various fines and fees. If the DUI involves drugs or another substance besides alcohol, the offender must submit to drug testing every 30 days for 120 days. (Miss. Code. § 63-11-30 (2025).)

If the driver successfully completes the program, the case won't result in a DUI conviction or the normal DUI penalties. However, a non-adjudication is counted as a prior DUI conviction if the driver is later charged with another DUI offense. (Miss. Code. § 63-11-30 (2025).)

Refusing a DUI Blood or Breath Test in Mississippi

Mississippi's "implied consent" laws require all drivers lawfully arrested for driving under the influence to submit to a breath or blood test. Drivers who refuse testing face immediate license seizure and a 90-day suspension for the refusal. A driver with a prior refusal or DUI conviction will be suspended for one year. (Miss. Code. §§ 63-11-5, 63-11-21, 63-11-23 (2025).)

Mississippi's Underage DUI Laws

Drivers who are younger than 21 years old can be convicted of a separate offense for operating a vehicle with a BAC of .02% to .08%. (Miss. Code. § 63-11-30 (2025).)

First offense. A first offense underage DUI results in a $250 fine and a 120-day license suspension and requires the offender to complete an alcohol safety program. The driver might also have to attend a victim impact panel. The court also may permit a non-adjudication of a first underage DUI. (Miss. Code. §§ 63-11-23, 63-11-30 (2025).)

Second offense. A second offense underage DUI carries a $500 fine and a one-year suspension. (Miss. Code. §§ 63-11-23, 63-11-30 (2025).)

Third offense. A third offense underage DUI carries a $1,000 fine, a 2-year license suspension (or until age 21, whichever period is longer), and treatment through a drug or alcohol abuse program. (Miss. Code. §§ 63-11-23, 63-11-30 (2025).)

Plea Negotiations in Mississippi DUI Cases

Mississippi generally prohibits plea negotiations to reduce the penalties of a DUI. However, non-adjudication and other plea agreements can help reduce DUI penalties. Visit with a DUI attorney to discuss your options and possible outcomes.