DUI Laws in Mississippi (DUI)
Mississippi uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 5 years. 3rd offense within 5 years (felony); a 4th or subsequent offense is a felony regardless of how long ago the prior offenses occurred (lifetime lookback. Below are the full details of Mississippi's DUI laws and penalties.
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Overview
Mississippi uses the term DUI (Driving Under the Influence) and has some of the more lenient DUI penalties among southern states for first offenders, though penalties escalate sharply for repeat offenses. A first DUI carries no mandatory jail time and a maximum of 48 hours, while a third offense is a felony with 1-5 years in state prison. Mississippi is notable for its non-adjudication option on first offenses, which can keep the conviction off your criminal record. The state also has a unique provision allowing judges to suspend sentences entirely for first offenders who complete the Mississippi Alcohol Safety Education Program (MASEP). Mississippi's lookback period is 5 years for second and third offenses — one of the shorter windows in the country — but a 4th or subsequent offense is a felony no matter how long ago the priors were (Miss. Code §63-11-30).
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | No high-BAC tier — Miss. Code §63-11-30 has no elevated penalty for a high BAC; aggravation is offense-based (injury, death, child passenger under 16) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | Up to 48 hours (no mandatory minimum; sentence may be fully suspended upon completion of MASEP) | $250–$1,000 | 120 days upon conviction (Miss. DPS); a court may order an ignition interlock-restricted license in lieu of the suspension (§63-11-31). A separate 90-day administrative suspension applies if you let the 30-day temporary permit lapse (§63-11-23) | Not automatically required; a court can order an ignition interlock-restricted license in lieu of the 120-day suspension (§63-11-31) |
| 2nd Offense | Misdemeanor | Mandatory 5 days to 6 months in jail (Miss. Code §63-11-30); the 48-hour first-offense cap no longer applies | $600–$1,500 | 1 year (Miss. DPS); a court may order an ignition interlock-restricted license in lieu of the suspension (§63-11-31), and vehicles not equipped with an IID may be ordered impounded | Required for restricted license eligibility during suspension period |
| 3rd Offense | Felony | 1–5 years in state penitentiary | $2,000–$5,000 | Suspended for the full length of the prison sentence; after release, only an ignition interlock-restricted license is available, for 3 years (Miss. DPS) | Required upon any restricted license reinstatement |
| Felony | Felony | 3rd offense: 1–5 years in DOC custody (1-year mandatory minimum). 4th+ offense: 2–10 years (2-year mandatory minimum), no matter how old the priors are | 3rd offense: $2,000–$5,000. 4th+ offense: $3,000–$10,000 | 3rd offense: suspended for the full sentence, then ignition interlock-restricted license only for 3 years. 4th+ offense: full sentence, then interlock-restricted license only for 10 years (Miss. DPS; CDL: lifetime revocation) | Required upon any future license reinstatement |
Felony threshold: 3rd offense within 5 years (felony); a 4th or subsequent offense is a felony regardless of how long ago the prior offenses occurred (lifetime lookback, Miss. Code §63-11-30). Lookback period: 5 years.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered in lieu of jail time at court's discretion | Up to 1 year; conditions typically include MASEP completion and abstinence | Mandatory completion of the Mississippi Alcohol Safety Education Program (MASEP) — a state-administered education course |
| 2nd Offense | Mandatory 10 days to 6 months of community service (Miss. Code §63-11-30) | Up to 2 years supervised | Required completion of MASEP and court-ordered substance abuse assessment with compliance with treatment recommendations |
| 3rd Offense | Court-ordered at judge's discretion | Up to 5 years supervised following incarceration | Court-mandated intensive substance abuse treatment; inpatient treatment may be required |
| Felony | Court-ordered at judge's discretion | Extended supervised probation following incarceration | Court-mandated long-term substance abuse treatment program |
Implied Consent Law
Under Mississippi's implied consent law (Miss. Code §63-11-5), any person operating a motor vehicle on Mississippi roads is deemed to have given consent to chemical testing (breath, blood, or urine) when an officer has reasonable grounds to believe the person is driving under the influence.
Refusal penalties: First refusal: 90-day license suspension (administrative). Second refusal: 1-year suspension. Refusal can be used as evidence of consciousness of guilt at trial. An officer may obtain a warrant for a blood draw after refusal. Refusal penalties run concurrently with any DUI conviction suspension.
Aggravating Factors
| Factor | Impact |
|---|---|
| Minor passenger under 16 years old | Separate offense of child endangerment-DUI that does not merge with the DUI (Miss. Code §63-11-30): first — up to $1,000 fine and up to 1 year jail; second — $1,000–$5,000 and mandatory 1 year; third — felony with $10,000+ fine and 1–5 years; any offense seriously injuring or killing the child — felony with $10,000+ fine and 5–25 years |
| Causing death while DUI | Aggravated DUI (Miss. Code §63-11-30(5)): separate felony for each victim — 5 to 25 years in DOC custody per count, with a 5-year mandatory minimum |
| Causing serious bodily injury | Aggravated DUI (Miss. Code §63-11-30(5)): negligently causing death, or mutilating, disfiguring, or permanently disabling another, is a felony with 5 to 25 years per victim |
| Driving with suspended or revoked license | Additional charges with mandatory jail time; extended suspension period and increased fines |
| Excessive speed (25+ mph over limit) while DUI | Additional reckless driving charges; enhanced sentencing at judge's discretion |
DUI with Injury
Classification: Felony — Aggravated DUI (Miss. Code §63-11-30(5))
Aggravated DUI (Miss. Code §63-11-30(5)): negligently causing death, or mutilating, disfiguring, or permanently disabling another, is a separate felony for each victim — 5 to 25 years in DOC custody per count (5-year mandatory minimum), with sentences for multiple victims able to run consecutively; substantial fines and restitution are typical. DUI child endangerment causing serious injury or death of a child under 16: $10,000+ fine and 5–25 years (§63-11-30).
Underage DUI
Drivers under 21 with a BAC of 0.02%+ face Mississippi's zero-tolerance provisions: first offense — 90-day license suspension and mandatory attendance at a youth alcohol awareness program. Second offense — 1-year license suspension. If the underage driver's BAC is 0.08%+, full criminal DUI charges and adult penalties apply. Underage DUI is also reported to the driver's school (if applicable) under Mississippi's mandatory reporting provisions.
Diversion Programs
Program: Non-Adjudication (First Offender) / MASEP
Mississippi offers a non-adjudication option for first-time DUI offenders under Miss. Code §63-11-30(14). Under non-adjudication, the court withholds formal adjudication of guilt, and upon successful completion of all conditions (MASEP, probation, fines), the offender avoids a formal DUI conviction on their criminal record. The DUI still counts as a prior offense for lookback purposes if there is a subsequent DUI. MASEP (Mississippi Alcohol Safety Education Program) is a mandatory education course for all DUI offenders.
Eligibility: Non-adjudication is available only once in your lifetime, and only if you have never before been convicted of — or non-adjudicated for — any DUI and have no other pending DUI; CDL and commercial-permit holders are ineligible (Miss. Code §63-11-30(14); Miss. DPS). The judge has discretion to grant or deny it. Cases involving serious injury or death are excluded. MASEP completion is mandatory for all DUI offenders regardless of non-adjudication status.
How Long a DUI Stays on Your Record
If you receive non-adjudication for a first-offense DUI, the conviction does not appear on your criminal record (though it still counts as a prior for lookback purposes). A standard DUI conviction remains on your Mississippi criminal record permanently. Mississippi has limited expungement provisions — first-offense misdemeanor DUI convictions may be eligible for expungement under Miss. Code §99-19-71 after 5 years if the offender has completed all terms of the sentence and has no subsequent offenses. Felony DUI is not eligible for expungement.
Key Statutes
- Miss. Code §63-11-30
- Driving under the influence — defines the DUI offense, BAC limits, penalties for all offense levels, non-adjudication provisions, and MASEP requirements
- Miss. Code §63-11-5
- Implied consent — chemical testing requirements, refusal penalties, and administrative procedures
- Miss. Code §63-11-23
- Underage DUI / zero-tolerance provisions for drivers under 21
- Miss. Code §63-11-31
- Ignition interlock-restricted licenses — the court-ordered substitute for DUI license suspensions
- Miss. Code §99-19-71
- Expungement of misdemeanor DUI — eligibility and procedures for first-offense expungement
Frequently Asked Questions
What is the penalty for a first DUI in Mississippi?
What is non-adjudication for DUI in Mississippi?
What is MASEP in Mississippi?
When does a DUI become a felony in Mississippi?
How long does a DUI stay on your record in Mississippi?
Can you refuse a breathalyzer in Mississippi?
What is Mississippi's lookback period for DUI?
Can you get a hardship license after a DUI in Mississippi?
Related Guide
DUI license recovery in Mississippi→Step-by-step guide to getting your license back after a DUI in Mississippi — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Mississippi DPS — DUI Information
Official Department of Public Safety information on license suspensions, MASEP enrollment, and reinstatement for DUI offenders
- Mississippi Courts — DUI Court Programs
Information on Mississippi's drug and DUI court programs, including eligibility and locations
- Mississippi Legislature — DUI Statutes
Full text of Mississippi Code Title 63, Chapter 11 covering DUI offenses, penalties, and implied consent
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