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

DUI penalties in Mississippi
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanorfelony
Jailup to 48 hours; the court may substitute a victim impact panel for the 48 hours5 days to 6 months (second conviction within 5 years); the minimum cannot be suspended or reduced1 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 suspension120 days after conviction, unless the court orders an interlock-restricted license1 year, unless the court orders an interlock-restricted licensefor the full period of the sentence; after release, interlock-restricted license only for 3 years
Ignition interlockan interlock-restricted license lets you keep driving instead of serving the suspension, if the court orders itcourt must order all vehicles you own without an interlock impounded or immobilized; interlock-restricted license available by court orderinterlock-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

Official source: when penalties are higher (Mississippi)

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)

Official source: when a dui is a felony (Mississippi)

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

Sources

  1. Penalties: Miss. Code Ann. § 63-11-30(2)(a); § 63-11-23(5)(a)(i)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.