By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed February 28, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Driving under the influence of alcohol or drugs (DUI) is dangerous. As a result, a DUI conviction carries a long-lasting impact. In Mississippi, you will lose your driver's license, pay thousands in fines and fees, and may even spend time in jail. Years later, a DUI conviction on your record can prevent you from getting certain jobs or attending college and may exclude you from housing.
The following is an overview of the basics of Mississippi DUI laws:
| Blood Alcohol Concentration (BAC) Limits and Implied Consent | |
|---|---|
| "Per Se" BAC Limit | 0.08% |
| Zero Tolerance (Underage) BAC Limit | 0.02% |
| Enhanced Penalty (Aggravated) BAC Limit | None |
| Implied Consent to Submit to BAC Test? | Yes |
| Select Penalties | |
| Minimum License Suspension or Revocation (1st, 2nd, 3rd conviction) | 120 days / 1 year / 3 years |
| Mandatory Alcohol Education, or Assessment and Treatment | Yes |
| Vehicle Confiscation Possible? | Yes |
| Ignition Interlock Device Possible? | Yes (discretionary for first offense; mandatory for repeat offenders) |
Disclaimer: State laws are always subject to change through the passage of new legislation, ballot initiatives, rulings in the higher courts, including federal decisions, and by other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
The state of Mississippi prohibits anyone from operating or driving a vehicle while under the influence of:
Mississippi law defines intoxication as an impairment of your "normal ability for clarity and control" that prevents you from operating or driving a motor vehicle safely.
Mississippi recognizes a per se DUI offense. A per se offense says you are legally intoxicated if your BAC is at or above the legal limit of 0.08%. You don't have to show any impairment. You may be driving safely and not feel intoxicated. A chemical test proving you are at the per se limit is enough to prosecute you for a DUI.
When you drive on roads in Mississippi, you have essentially agreed to chemical tests when a police officer suspects you of drugged or drunk driving. This is an implied consent law.
Law enforcement will ask you to submit to a Breathalyzer or breath test to determine your blood alcohol content. If arrested, law enforcement will ask you to participate in a blood test or urine or saliva analysis. These chemical tests determine your BAC and look for intoxicating substances.
You may refuse to cooperate with chemical tests. However, as the officer will tell you, there are immediate penalties for your refusal. You lose your driver's license for 90 days for a first offense. If you have a second refusal, your suspension period is for one year. A suspension for chemical test refusal is separate from any suspension if convicted. You must serve both suspension periods.
If you cause the death, disfigurement, or serious bodily harm to another person, you will face a felony aggravated DUI charge — one separate charge for each person affected.
Conviction will earn you two to five years in prison. After your release, the Mississippi Department of Public Safety will require you to maintain an ignition interlock device for five years.
Mississippi is one of the few states that does not impose increased punishment for drivers with a high BAC unless you're a commercial driver. If you operate a commercial vehicle with a BAC of 0.08% or greater, you will face two to 10 years in prison.
If you are 21 or older and are transporting a minor, age 16 or younger, the officer will charge you with child endangerment DUI. So long as the child is not injured, you face penalties, including a $1,000 fine and 12 months in jail for a first offense.
A DUI arrest and prosecution carries both criminal and administrative consequences. You will deal with the court system and the Mississippi Department of Public Safety if charged with a DUI.
If convicted of a DUI, you will face multiple penalties. A first and second DUI within five years is a misdemeanor charge. A third and subsequent offense is a felony. If you are 21 or older, with no aggravating factors, your penalties can include the following elements.
First offense penalties:
Second offense penalties within five years of a first DUI:
Penalties for a third offense:
A first-time DUI charge may be eligible for a non-adjudication. Under the non-adjudication program, you will enter a plea of guilty with the court. The judge then orders you to complete the program requirements. If you do so successfully, your DUI charge will not become a conviction on your criminal record.
Under the non-adjudication program, you must:
To qualify, you must have cooperated with chemical testing. No aggravating factors should apply to your DUI charge. You can only participate in the program once.
The court will enter your guilty plea if you fail to complete the requirements for a non-adjudication finding. The judge will sentence you as with a first offense DUI.
When convicted of a DUI, part of your sentence will include suspension of your driver's license.
For a first DUI, your suspension period is 120 days. You must complete your MASEP course and other requirements before your license is eligible for reinstatement. A judge may allow you a hardship license with an ignition interlock device requirement.
For a second DUI, your license suspension is for one year. Again, a judge may allow you limited driving privileges with an ignition interlock installed in your vehicle.
An ignition interlock device (IID) is a small breath test that connects to your vehicle's ignition system. You must supply a breath sample before you can start your car. If the device detects alcohol in your system, the device will lock the ignition.
As you drive, the IID will randomly ask you to retest to ensure your sobriety.
After a second DUI offense, any vehicle not equipped with IID may face impoundment.
Tampering with the IID, driving a vehicle with an IID, or otherwise attempting to dodge your responsibilities under your IID order is a misdemeanor.
Mississippi has a zero-tolerance law for underage DUI offenses. If you are under 21 and drive with a BAC of 0.02%, law enforcement can charge you with a DUI. A conviction for a first offense with a BAC under 0.08% will cost you a $250 fine. You must complete a MASEP course and attend a victim impact panel. Your driver's license suspension is for 120 days.
If chemical tests show your BAC to be 0.08% or more, you face an adult DUI charge and penalties.
You have the option of representing yourself in a DUI case. Because a DUI conviction can impact your ability to drive, your insurance rates, and your criminal record, it is advisable to seek professional legal advice. A Mississippi DUI defense attorney can analyze your unique arrest details and work for the best possible outcome.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.