Mississippi · DUI · Checked October 2026
Mississippi DUI Penalties: First, Second and Third Offense
Mississippi DUI Penalties: What Are the Rules?
Mississippi sets DUI penalties by offense, and they rise with each conviction.
- First offense jail
- Up to 48 hours; the court may substitute a victim impact panel for the 48 hours
- First offense fine
- $250 to $1,000
- First offense license
- 120 days after conviction, unless the court orders an interlock-restricted license
- Felony
- A third DUI conviction with the offenses committed within 5 years, or a fourth or subsequent conviction regardless of when the earlier offenses occurred; also aggravated DUI causing death or serious injury
- Lookback period
- 5 years
Mississippi DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | felony |
| Jail | up to 48 hours; the court may substitute a victim impact panel for the 48 hours | 5 days to 6 months (second conviction within 5 years); the minimum cannot be suspended or reduced | 1 to 5 years in the custody of the Department of Corrections (third conviction within 5 years); may be served in county jail if no one was seriously injured or killed; the minimum cannot be suspended or reduced |
| Fine | $250 to $1,000 | $600 to $1,500 | $2,000 to $5,000 |
| License suspension | 120 days after conviction, unless the court orders an interlock-restricted license | 1 year, unless the court orders an interlock-restricted license | for the full period of the sentence; after release, interlock-restricted license only for 3 years |
| Ignition interlock | an interlock-restricted license lets you keep driving instead of serving the suspension, if the court orders it | court must order all vehicles you own without an interlock impounded or immobilized; interlock-restricted license available by court order | interlock-restricted license only for 3 years after release |
Other First Offense Penalties in Mississippi
- alcohol safety education program (MASEP) within 6 months of sentencing
- a qualifying first offense may be nonadjudicated once; commercial license or permit holders are ineligible
- proof of insurance for three years
Official source: other first offense penalties (Mississippi)
Other Second Offense Penalties in Mississippi
- 10 days to 6 months of community service
- in-depth diagnostic assessment, and treatment if needed
Official source: other second offense penalties (Mississippi)
Other Third Offense Penalties in Mississippi
- in-depth diagnostic assessment, and treatment if needed
- vehicles without an interlock impounded or immobilized
Official source: other third offense penalties (Mississippi)
When Penalties Are Higher in Mississippi
- 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 years
- 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 both
- DUI child endangerment, second conviction: misdemeanor: $1,000 to $5,000 fine or 1 year, or both
- DUI child endangerment, third or subsequent conviction: felony: at least $10,000 fine or 1 to 5 years, or both
- DUI child endangerment causing serious injury or death of a child: felony: at least $10,000 fine and 5 to 25 years
- 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 supervision
- commercial driver's license holder operating a commercial vehicle at 0.08 or more: felony; 2 to 10 years
When a DUI Is a Felony in Mississippi
a third DUI conviction with the offenses committed within 5 years, or a fourth or subsequent conviction regardless of when the earlier offenses occurred; also aggravated DUI causing death or serious injuryMiss. Code Ann. § 63-11-30(2)(c)-(d), (5)
How Far Back Prior Offenses Count in Mississippi
5 years. second and third offenses count only when the offenses were committed within 5 years; a fourth or subsequent offense counts priors with no time limit; out-of-state convictions within 5 years countMiss. Code Ann. § 63-11-30(2)(b)-(d), (7), (8)(a)
Official source: how far back prior offenses count (Mississippi)
More on DUI Law in Mississippi
See the full overview of DUI laws in Mississippi and read about first-offense DUI penalties across the states.
This page summarizes Mississippi law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Mississippi can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Mississippi?
Jail: up to 48 hours; the court may substitute a victim impact panel for the 48 hours. Fine: $250 to $1,000. License suspension: 120 days after conviction, unless the court orders an interlock-restricted license.
What Is the Penalty for a Second DUI in Mississippi?
Jail: 5 days to 6 months (second conviction within 5 years); the minimum cannot be suspended or reduced. Fine: $600 to $1,500. License suspension: 1 year, unless the court orders an interlock-restricted license.
When Is a DUI a Felony in Mississippi?
a third DUI conviction with the offenses committed within 5 years, or a fourth or subsequent conviction regardless of when the earlier offenses occurred; also aggravated DUI causing death or serious injury