Mississippi DUI Laws Explained

A DUI charge in Mississippi is more serious than most people initially realize. Even a first offense can result in fines, license suspension, mandatory alcohol education programs, and potential jail time. The consequences only grow more severe with each subsequent offense.

If you or someone you love has been charged with DUI in Mississippi, understanding the law is the first step. This guide covers how Mississippi defines DUI, what the penalties look like at each offense level, and what your options are if you've been charged.

How Mississippi Defines DUI

Under Mississippi law (Miss. Code Ann. § 63-11-30), a person commits DUI if they operate a motor vehicle while:

•     Their blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and over)

•     Their BAC is 0.04% or higher (for commercial vehicle drivers)

•     Their BAC is 0.02% or higher (for drivers under 21)

•     They are under the influence of any impairing substance — including prescription drugs — regardless of BAC

You can be charged with DUI in Mississippi even if your BAC is below 0.08% if an officer believes you are impaired by alcohol or drugs.

Mississippi DUI Penalties by Offense Level

First Offense DUI (Misdemeanor)

•     Fine: $250 to $1,000

•     Jail: Up to 48 hours (may be waived with community service)

•     License suspension: 90 days (hardship license may be available)

•     Mandatory: Alcohol Safety Education Program (MASEP)

Second Offense DUI (within 5 years — Misdemeanor)

•     Fine: $600 to $1,500

•     Jail: 5 days to 6 months (mandatory minimum 5 days)

•     License suspension: 2 years

•     Mandatory: Ignition interlock device after reinstatement

Third Offense DUI (within 5 years — Felony)

•     Fine: $2,000 to $5,000

•     Prison: 1 to 5 years

•     License suspension: 5 years

•     This is a felony conviction — with all associated long-term consequences

DUI Causing Injury or Death (Felony)

When a DUI results in serious bodily injury or the death of another person, the charge becomes a felony carrying significantly harsher penalties — including substantial prison time. These cases require experienced criminal defense representation immediately.

Mississippi's Implied Consent Law

Mississippi has an implied consent law, which means that by driving on Mississippi roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing the test is your right — but it comes with automatic consequences.

A refusal results in automatic license suspension of 90 days for a first refusal. That suspension is separate from any suspension resulting from a DUI conviction — and it can be used as evidence against you in court.

Whether or not to refuse a breathalyzer is a decision with real consequences either way. If you have a prior DUI or a high BAC, the calculus is different than it is for a first-time situation. An attorney can help you understand your specific circumstances.

How DUI Defense Attorneys Challenge a Case

A DUI arrest is not a DUI conviction. Our criminal defense attorneys look carefully at every aspect of the stop and the arrest, including:

•     Was the initial traffic stop legally justified? Officers must have reasonable suspicion to pull you over.

•     Were field sobriety tests properly administered under NHTSA standards?

•     Was the breathalyzer device properly calibrated and maintained?

•     Was a blood test collected and handled under proper chain-of-custody protocols?

•     Were your constitutional rights observed at every stage of the stop and arrest?

Any weakness in the state's case is a defense opportunity. Our team pursues every one.

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Charged with DUI in Mississippi? Call Gilliam Law Firm.

Gilliam Law Firm's DUI defense attorneys represent clients facing misdemeanor and felony DUI charges across Jackson, Madison County, Rankin County, Hinds County, and throughout Mississippi. We review every case thoroughly, challenge every weakness in the prosecution's case, and fight for the best possible outcome for every client.

Your first consultation is free and confidential. Contact our team today.