DUI Laws in Mississippi – Penalties For a Mississippi DUI

Mississippi DUI penalties and fines are slightly below average when compared to other states. The state also has a much shorter “lookback” period than most states in the country. However, when compared to the penalties and fines for first time offenders, repeat offenders will realize a significant escalation.

Consequences for Refusing to Take Chemical Tests

Mississippi DUI Laws and PenaltiesLike all other states in the country, Mississippi does have an implied consent law in place. If you refuse to take these tests, you will face the following suspension:

  • First offense – 90-day license suspension
  • Second offense – 90-day suspension if first DUI was a refusal. If first offense was a DUI conviction, your license will be suspended for one year.
  • Third offense – if first or second offense was a DUI conviction, your license will be suspended for one year

Challenging BAC Levels in Court

Mississippi uses standard blood alcohol content levels to establish if the driver is DUI:

  • Drivers that are 21 years or older, .08 percent
  • Drivers under the age of 21, .02 percent
  • Commercial drivers, .04 percent

Is There Mandatory Jail Time Required for a DUI Mississippi?

Mississippi does have mandatory jail times for all offenders, but they are not as long as some other states, especially for first and second offenders:

  • First time offenders – up to 48 hours in jail
  • Second time offenders – between five days and one year in jail
  • Third time offenders – minimum of one year with a maximum of five years in jail

Mississippi has a 5-year washout period for DUI/OWI.

Monetary Fines and Penalties for DUI in Mississippi

Mississippi DUI has a low minimum fine for all offenses, but the maximum fine rivals that of most states:

  • First offense – fines ranging from $250 to $1,000
  • Second offense – fines ranging from $600 to $1,500
  • Third offense – fines ranging from $2,000 to $5,000

License Suspension for DUI in Mississippi

All drivers convicted of a DUI in Mississippi will have their license suspended. While first-time offenders face a relatively short suspension, subsequent offenses will result in much longer suspensions:

  • First offense – 90-day suspended license
  • Second offense – 2-year license suspension
  • Third offense – 5-year license suspension

First time offenders are not required to have an Ignition Interlock Device (IID) installation, but it is mandatory for all repeat offenders.

Finding a DUI Lawyer in Mississippi

Whereas many states offer a first time offender the ability to plead out to a lesser charge of wet reckless, this is not an option in Mississippi. That being the case, you will want to hire a DUI attorney in Mississippi if you are arrested and charged with driving under the influence. Fill out the Free DUI Arrest Evaluation Form to get your arrest details examined!

5 thoughts on “DUI Laws in Mississippi – Penalties For a Mississippi DUI”

  1. Is there a new law that states, if you get a DUI now and the first one was in 1994, this recent one is still the second offense. Is there no longer a washout/starting over period?

  2. hello, I just got a DUI and this is my first time ever. I am ex military and I just retired this past jan. I have a CDL and I know the penalty is hard on CMV drivers. I am slim and a person that has a low body mass the liquor can linger and I have dentures due from a war wound. another reason I think the test was high I just had rinsed my moth out with Listerine which has alcohol in it. I from Mississippi.

    • In Mississippi it will be 2 years of suspension if it’s your second arrest and you refused testing. Remember the suspension is separate and administered by the DMV.


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