Mississippi DUI Laws
Last reviewed July 2026 · 3 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
Multiple parallel windows
5-year tier counter for 2nd/3rd offense (§ 63-11-30(2)(b)/(c)): 5-year window. Lifetime 4th+ offense overlay (§ 63-11-30(2)(d)/(8)(a)): lifetime.
Mississippi prosecutes impaired driving as DUI under Miss. Code § 63-11-30, a comprehensive single-section statute covering the offense, penalties, zero tolerance, refusal, aggravated DUI, child endangerment, expunction, and nonadjudication. The offense has four prongs: impairment by liquor, impairment by any other substance, impairment by an unlawful controlled substance, or a per se BAC (0.08 for adults, 0.02 for under-21, 0.04 for CMV — all explicitly in the offense statute). The penalty ladder runs four tiers: first offense (misdemeanor, $250–$1,000, ≤48 hours, 120-day suspension or IID license); second within 5 years (misdemeanor, $600–$1,500, 5 days–6 months non-suspendable); third within 5 years (felony, $2,000–$5,000, 1–5 years MDOC); and fourth+ (felony, LIFETIME lookback, $3,000–$10,000, 2–10 years MDOC). IID is available as an interlock-restricted license alternative at the lower tiers and mandatory at the felony tier. A separate aggravated-DUI felony (5–25 years) applies when DUI causes death or serious injury. A separate child-endangerment offense (child under 16, driver over the age of 21) carries up to 25 years if serious injury or death results. Mississippi offers a nonadjudication first-offender program (once-in-a-lifetime) and expunction after 5 years. The statute was last amended July 1, 2024 (HB 292).
Mississippi DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (misdemeanor) | $250–$1,000 | 0 days–2 days (No mandatory minimum jail — up to 48 hours, OR a fine, OR both. Court may substitute victim impact panel for jail (Miss. Code § 63-11-30(2)(a)(i)).; Up to 48 hours (Miss. Code § 63-11-30(2)(a)(i)).) | Suspended for 120 days — A 120-day license suspension under § 63-11-23(5)(a)(i), OR the defendant may obtain an interlock-restricted license under § 63-11-31 (installing IID in lieu of serving the suspension). Nonadjudication (14) available for qualifying first offenders. | Required if restricted license or restoration |
| Second offense within 5 years (misdemeanor) | $600–$1,500 | 5 days–6 months (5-day mandatory minimum (not suspendable) + 10 days–6 months community service (Miss. Code § 63-11-30(2)(b)(i)).; Up to 6 months (Miss. Code § 63-11-30(2)(b)(i)).) | Suspended for 365–730 days — License suspension governed by § 63-11-23(5)(a)(ii). IID-restricted license eligibility under § 63-11-31. | Required if restricted license or restoration |
| Third+ offense (felony; 5-yr for 3rd; lifetime for 4th+) | $2,000–$10,000 (Third offense: $2,000–$5,000. Fourth+: $3,000–$10,000 (Miss. Code § 63-11-30(2)(c)/(d)).) | 1 year–10 years (Third offense: 1-year mandatory minimum (non-suspendable). Fourth+: 2-year mandatory minimum (Miss. Code § 63-11-30(2)(c)/(d)).; Third offense: ≤5 years. Fourth+: ≤10 years in MDOC custody (Miss. Code § 63-11-30(2)(c)/(d)).) | Revoked for 1095 days — License suspension/revocation governed by § 63-11-23(5)(a)(iii)/(iv). A fourth+ offender is ineligible to operate a vehicle without IID for 10 years (§ 63-11-30(2)(d)(iii)). | Required |
Frequently asked questions
What is the legal BAC limit in Mississippi?
The per se limit is 0.08% (Miss. Code § 63-11-30(1)(d)(i)). The offense also covers impairment by liquor, other substances, or unlawful drugs. The CMV threshold is 0.04% and the under-21 threshold is 0.02% — both explicitly codified in the offense statute.
What are the penalties for a first DUI in Mississippi?
A first offense (§ 63-11-30(2)(a)) is a misdemeanor: $250–$1,000 fine and/or up to 48 hours in jail (victim impact panel may substitute), an alcohol safety education program, and a 120-day license suspension (or an IID-restricted license instead). A nonadjudication first-offender program is available.
What are the penalties for a second DUI in Mississippi?
A second offense within 5 years (§ 63-11-30(2)(b)) is a misdemeanor: $600–$1,500 fine, 5 days–6 months imprisonment (non-suspendable minimum), and 10 days–6 months community service.
When does a Mississippi DUI become a felony?
A THIRD offense within 5 years is a felony: $2,000–$5,000 fine, 1–5 years MDOC (§ 63-11-30(2)(c)). A FOURTH or subsequent offense carries a LIFETIME lookback — $3,000–$10,000 fine, 2–10 years MDOC, regardless of how long ago the priors occurred (§ 63-11-30(2)(d)).
Does Mississippi require an ignition interlock device after a DUI?
IID is available as an alternative to the 120-day license suspension on a first offense (interlock-restricted license under § 63-11-31). At the felony tier (3rd+), IID is mandatory, and a 4th+ offender is ineligible to operate without IID for 10 years (§ 63-11-30(2)(d)(iii)).
What happens if I refuse the breath test in Mississippi?
Refusing a breath test results in an additional administrative license suspension under § 63-11-23, running consecutively to any court-ordered suspension (§ 63-11-30(4)/(10)).
What is Mississippi's under-21 BAC rule?
Mississippi's Zero Tolerance for Minors law (§ 63-11-30(3)) sets the under-21 BAC at 0.02%. A driver under 21 at 0.02–<0.08 faces graduated fines ($250 / ≤$500 / ≤$1,000 by offense count within 5 years). At 0.08+ the adult penalties apply.
How long do prior DUIs count against me in Mississippi?
A 5-year window governs escalation to 2nd and 3rd offense. A LIFETIME lookback applies to 4th+ offense — "without regard to the time period within which the violations occurred" (§ 63-11-30(2)(d)/(8)(a)). Out-of-state priors within 5 years count.
What happens if I get a Mississippi DUI with a child in the car?
A person over the age of 21 who commits DUI while transporting a child under 16 is guilty of the SEPARATE offense of child endangerment by DUI (§ 63-11-30(12)) — it does not merge with the underlying DUI. Penalties range from ≤$1,000 (first) to 5–25 years if the child suffers serious injury or death.
What are the penalties for aggravated DUI in Mississippi?
DUI causing death or serious bodily injury in a negligent manner is a separate felony carrying 5–25 years per victim under § 63-11-30(5)(a). A CMV operator at .08+ faces 2–10 years (5)(b).
Sources
- Miss. Code § 63-11-23 — Review of report of law enforcement officer by Commissioner of Public Safety; notice of suspension; seizure of license (Miss. Code, via Justia) — Accessed July 7, 2026
- Miss. Code § 63-11-30 — Operating vehicle under influence; penalties; zero tolerance; refusal; aggravated DUI; child endangerment; expunction; nonadjudication (Miss. Code, via Justia) — Accessed July 7, 2026
- Miss. Code § 63-11-31 — Interlock-restricted license; ignition-interlock device (Miss. Code, via Justia) — Accessed July 7, 2026