DUI Laws in Mississippi

Mississippi DUI Laws: Key Facts

Legal limit (adults)

0.08 BACMiss. Code Ann. § 63-11-30(1)(d), (3)(a)

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0.02 BAC (0.02 or more for a person below the legal age to purchase alcoholic beverages; from 0.02 up to but not including 0.08 the Zero Tolerance for Minors penalties apply, and at 0.08 or more the adult penalties apply)

Lookback period

5 years

Mississippi DUI Penalties by Offense

First offense: Miss. Code Ann. § 63-11-30(2)(a); § 63-11-23(5)(a)(i) · Second offense: Miss. Code Ann. § 63-11-30(2)(b), (2)(e); § 63-11-23(5)(a)(ii); § 63-11-31(6) · Third offense: Miss. Code Ann. § 63-11-30(2)(c); § 63-11-23(5)(a)(iii)

When Penalties Are Higher

• fourth or subsequent conviction, regardless of when the earlier offenses occurred: felony; $3,000 to $10,000 fine and 2 to 10 years in the custody of the Department of Corrections; license suspended for the sentence, then interlock-restricted license only for 10 yearsMiss. Code Ann. § 63-11-30(2)(d); § 63-11-23(5)(a)(iv)
• driver over 21 transporting a child under 16 (DUI child endangerment), first conviction, no serious injury or death: separate misdemeanor: up to $1,000 fine, up to 12 months, or bothMiss. Code Ann. § 63-11-30(12)(a)
• DUI child endangerment, second conviction: misdemeanor: $1,000 to $5,000 fine or 1 year, or bothMiss. Code Ann. § 63-11-30(12)(b)
• DUI child endangerment, third or subsequent conviction: felony: at least $10,000 fine or 1 to 5 years, or bothMiss. Code Ann. § 63-11-30(12)(c)
• DUI child endangerment causing serious injury or death of a child: felony: at least $10,000 fine and 5 to 25 yearsMiss. Code Ann. § 63-11-30(12)(d)
• aggravated DUI: negligently causing the death of another or mutilation, disfigurement or permanent disability: separate felony for each victim; 5 to 25 years each; court orders an interlock restriction of up to 5 years as a condition of probation or post-release supervisionMiss. Code Ann. § 63-11-30(5)(a), (c)
• commercial driver's license holder operating a commercial vehicle at 0.08 or more: felony; 2 to 10 yearsMiss. Code Ann. § 63-11-30(5)(b)

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If You Refuse a Breath or Blood Test

90-day license suspension (1 year with a prior DUI conviction); this administrative suspension is in addition to the criminal DUI penalties and runs consecutively with other suspensionsMiss. Code Ann. § 63-11-5(1), (3); § 63-11-30(4); § 63-11-23(1)

Official source: if you refuse a breath or blood test in Mississippi

Getting a Interlock-Restricted License

a court may order you to drive only vehicles with an ignition interlock instead of serving the suspension; the device must be installed before the suspension begins, on every vehicle you own or operate, and DPS verifies it before issuing the license; for drug-only DUIs a court-ordered drug-testing program can serve the same role

Official source: getting a interlock-restricted license in Mississippi

Ignition Interlock

First offense: not mandatory; an interlock-restricted license is an alternative to the 120-day suspension when ordered by the court, and alcohol nonadjudication requires 120 days on an interlock-restricted license or a 120-day suspension Repeat offenses: second and later convictions: vehicles without an interlock are impounded or immobilized; third offense: interlock-restricted license only for 3 years after release; fourth or subsequent: 10 years to return to an unrestricted license you need proof of completing the alcohol safety program if ordered, the reinstatement and license fees, proof of insurance, and a vendor declaration of no violations in the last 30 days; the court may extend the interlock period after a violation

Official source: ignition interlock in Mississippi

Can a DUI Come Off Your Record?

a first-offense DUI conviction can be expunged once if you did not refuse testing, your BAC was below 0.16 when results are available, you have no other DUI conviction or pending charge, and you have never had a DUI nonadjudication or expunction; not available to commercial license or permit holders; a first offense may instead be nonadjudicated once Waiting period: at least 5 years after successfully completing all terms of the sentence petition the circuit court of the county of conviction and justify why the conviction should be expunged; DPS keeps a confidential registry used to check eligibility

Official source: can a dui come off your record? in Mississippi

Drivers Under 21

Zero Tolerance for Minors applies to drivers under 21 with a BAC of 0.02 up to 0.08; at 0.08 or more the adult penalties apply first offense: $250 fine and alcohol safety education program, 120-day suspension, eligible for nonadjudication; second within 5 years: up to $500 fine and 1-year suspension; third within 5 years: up to $1,000 fine, treatment, and 2-year suspension or until age 21, whichever is longer; offenders too young for a license can't get one until 18

Official source: drivers under 21 in Mississippi

Driving After Using Drugs

yes: the same DUI statute covers driving under the influence of any substance that has impaired your ability to drive, or of any drug or controlled substance unlawful to possess; it also applies to impairment by lawful medical cannabis

Official source: driving after using drugs in Mississippi

More on DUI Law in Mississippi

• Mississippi DUI Penalties: First, Second and Third Offense
• DUI License Suspension in Mississippi: Hearing Deadline and Hardship License
• SR-22 Insurance After a DUI in Mississippi
• Ignition Interlock Rules in Mississippi
• Can a DUI Be Expunged in Mississippi?
• Refusing a Breath or Blood Test in Mississippi

Frequently Asked Questions