Mississippi DUI Laws

Mississippi DUI laws state that no driver over 21 can operate a vehicle with a blood-alcohol level of 0.08% or higher.
Written by Michelle Ballestrasse
Reviewed by Kathleen Flear
Mississippi DUI laws state that drivers cannot have a blood-alcohol level of 0.08% or higher. Commercial vehicle drivers cannot have a blood-alcohol level exceeding 0.04%.
Each year, over 10,000 people in the US are killed on the road as a result of drunk driving crashes.
Driving while under the influence of drugs or alcohol is a dangerous crime and penalties vary by state. Even a first-time offense can cost drivers up to $10,000 in fines and legal fees—and it will most certainly impact your
Mississippi car insurance costs
, too.
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has compiled everything you need to know about DUI laws in Mississippi.
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What is a DUI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired. Each state may or may not observe a difference between the two if both are used. Mississippi primarily uses DUI.
With a DUI, the charge could mean that the driver was driving under the influence of alcohol, drugs, or a combination.
Drugs, in this instance, do not mean specifically illegal substances and can include marijuana, prescription drugs, and over-the-counter medicines. If taking these drugs impairs you in any way while driving, you may be charged with a DUI.
Some states, including Mississippi, use the term OUI (operating under the influence) interchangeably with DUI. The penalties and charges remain the same.

DUI in Mississippi

In Mississippi, it is illegal to operate a vehicle with a blood-alcohol level of:
  • 0.08% or higher if you’re 21 or older.
  • 0.04% if you’re operating a commercial vehicle.
If you’re pulled over for a suspected DUI, your blood alcohol does not necessarily have to exceed the minimum threshold for you to be convicted of driving under the influence. If you demonstrate impaired behavior—regardless of your BAC—you may still be convicted of a DUI.
If you’re determined to have a BAC of 0.08%, regardless of whether or not you’re perceivably impaired, you will be charged with a per se DUI.
Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.
If you’re lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. Mississippi drivers who refuse to do so are subject to a license revocation of one year at least. You do not have a right to consult with a lawyer before completing the test.
Key Takeaway If you are pulled over for a suspected DUI, you are legally required to take a test.

Penalties for DUI in Mississippi

Penalties for DUIs are severe in Mississippi. The conviction will remain on your driving record and criminal record for 5 years. It cannot be expunged.

First conviction

$250 to $1,000
Up to 48 hours
License suspension
120 days
For first offenses only, offenders may be eligible for non-adjudication. This will then require completion of an alcohol safety program, 120 days of ignition interlock device usage, and additional fines.
Successful completion of the non-adjudication program will waive all standard first-offense penalties.

Subsequent convictions

Second offense
$600 to $1,500
5 days to 6 months
Community service
10 days to 6 months
License suspension
1 year
First and second offenses are considered misdemeanors. A second offense is considered as such if it occurred within five years of the first offense.
Second and subsequent offenses require in-depth diagnostic assessment for alcohol and drug abuse, along with mandatory enrollment in a prescribed treatment program.
Third offense
$2,000 to $5,000
1 to 5 years
License suspension
3 years
Third offenses within a lifetime, regardless of how many years have passed, are considered felonies rather than misdemeanors.
There are more severe penalties and fines for any risk or injury inflicted on others. Having minor passengers under the age of 16 at the time of the violation may incur misdemeanor child endangerment charges, plus an additional $1,000 for every child in the car.
If a child is injured or killed as a result of the DUI, that fine increases to $10,000, and carries a prison sentence of five to 25 years.
A DUI that results in injury or death of others is charged as an aggravated DUI, and carries a potential prison term of 5 to 25 years per victim.
Key Takeaway Every state has minimum penalties for a DUI, which are often more severe if you had a high blood-alcohol concentration or if you’ve had previous offenses.
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Does a DUI impact car insurance in Mississippi?

Yes, insurance companies take DUIs very seriously and you’ll be classified as a
high-risk driver
With a DUI on your record, you can reasonably expect that insurance carriers will charge you significantly higher rates or may refuse to insure you entirely. That’s where
can help. Jerry quickly submits your info and presents you with quotes from up to 50 top providers, so that you don’t have to spend time reaching out to each company one by one.
Your insurance carrier will also be required to fill out an
to prove you have the
minimum insurance required in your state

Other effects of a DUI

Beyond the conviction penalties and higher insurance rates, DUIs can have some other lasting impacts on your life.
License revocation: After a DUI, you run the risk of having your license revoked if you’re charged with other serious offenses.
Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DUI to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.
Background checks: Your DUI will show up on a background check for up to five years after the conviction, which can cause issues for future employment endeavors.

How to find cheap insurance after a DUI

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