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. 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, one of the shorter windows in the country.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% (triggers enhanced penalties under aggravated DUI provisions) |
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 | 90 days (restricted license available after 30 days for hardship) | Not required for first offense; may be ordered at judge's discretion for BAC 0.15%+ |
| 2nd Offense | Misdemeanor | 5 days to 1 year (mandatory minimum 5 days; may serve 48 hours with remainder on community service) | $600–$1,500 | 2 years (restricted license available after 1 year with IID) | Required for restricted license eligibility during suspension period |
| 3rd Offense | Felony | 1–5 years in state penitentiary | $2,000–$5,000 | 5 years (no restricted license for first 3 years) | Required upon any restricted license reinstatement |
| Felony | Felony | 3rd offense: 1–5 years state prison. 4th+ offense: 2–10 years state prison with enhanced mandatory minimums | 3rd offense: $2,000–$5,000. 4th+ offense: $3,000–$10,000 | 3rd offense: 5 years. 4th+ offense: permanent revocation possible | Required upon any future license reinstatement |
Felony threshold: 3rd offense within 5 years. 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 | 10 days to 1 year of community service (may substitute for portion of jail time) | 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 |
|---|---|
| BAC of 0.15% or higher | Enhanced penalties; judge may order IID on first offense; higher mandatory minimums on repeat offenses |
| Minor passenger under 16 years old | Separate charge of child endangerment DUI (Miss. Code §63-11-30(14)): additional fine and doubled mandatory jail time |
| Causing death while DUI | DUI homicide/vehicular manslaughter: up to 25 years imprisonment under Miss. Code §97-3-47 |
| Causing serious bodily injury | Aggravated DUI causing injury: felony with up to 5 years imprisonment and $10,000 fine |
| 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 — DUI Causing Serious Bodily Injury / Vehicular Manslaughter
DUI causing serious bodily injury: felony with up to 5 years imprisonment and up to $10,000 fine. Vehicular manslaughter while DUI (Miss. Code §97-3-47): up to 25 years imprisonment. If the defendant had a prior DUI conviction, penalties are enhanced. The court may also order full restitution to victims.
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(2)(a). 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 for first-time DUI offenders with no prior DUI convictions within 5 years. The judge has discretion to grant or deny non-adjudication. Cases involving serious injury, death, or extremely high BAC may be denied. 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 §97-3-47
- Vehicular manslaughter — penalties for causing death while operating a vehicle under the influence
- 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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