DUI Laws in Mississippi – Drunk Driving Penalties [2025 Updated]

Facing a DUI charge in Mississippi can be frightening. A conviction can mean jail time, harsh fines, suspension or revocation of your driver’s license, and even negative impacts on your personal and professional relationships. If you or a loved one have been charged with a DUI in Mississippi, it’s crucial that you understand the varying DUI laws in Mississippi and how they will impact your case.

Defining a Mississippi DUI

Driving under the influence (DUI) means driving a motor vehicle while impaired by a substance such as alcohol, street drugs, or prescription drugs. Legally, impairment is defined as when a person’s ability to drive safely is lower than the level deemed safe by the state. Impaired drivers have reduced coordination, depth perception, and reaction times, as well as difficulty making safe, quick decisions, ultimately making them a danger to themselves and others on the road.

In Mississippi, the legal limit for blood alcohol concentration is 0.08%. It is important to note that driving with a blood alcohol concentration of 0.08% or higher is illegal, even if the driver does not feel or act intoxicated.

While drivers can refuse field sobriety tests without any legal penalties, it’s important that you understand that denying a chemical test can result in an automatic suspension of your Mississippi license. For most drivers, this suspension is 90 days. For commercial drivers, the suspension is one year.

Substances That Can Impair a Driver in Mississippi

While DUIs are often synonymous with drunk driving, there are a myriad of other substances that can impair a driver and result in a DUI charge. Substances that can impair a driver in Mississippi include:

• Alcohol
• Illicit drugs like marijuana, cocaine, heroin, or methamphetamines
• Prescription drugs like muscle relaxers, sleep medication, or opioid pain medicines
• Over-the-counter (OTC) drugs like Benadryl, NyQuil, and cold medicines
• Inhalants like spray paint or paint thinner

If you take OTC or prescription drugs, it’s crucial that you follow all instructions and use them as directed. If you are found impaired by medication, even if it is legal, you may still be liable for a DUI as you are responsible for taking proper precautions. Consult with a Pass Christian felony DUI attorney from our firm to learn more about whether or not a substance can cause you to be impaired.

Also Read:

• Felony DUI Causing Injury in Mississippi

How Law Enforcement Tests for DUIs in Mississippi

When a driver is suspected of DUI, law enforcement officers often use field sobriety tests to determine if the driver is impaired. These tests could include standard exercises like walking in a straight line and turning quickly or standing on one leg. Sobriety tests allow police to evaluate a driver’s impairment based on their coordination, balance, ability to follow instructions, and other signs.

If the driver shows signs of impairment, a law enforcement officer legally has cause to chemically test the driver for alcohol and drugs. The most well-known chemical test is a breath test, where the person blows air into a handheld device that gauges how much alcohol is in their system. This is measured by a number called blood alcohol concentration, sometimes called BAC. A driver’s blood or urine can also be tested to determine blood alcohol concentration.

Drunk Driving Penalties in Mississippi

The penalties for DUI convictions in Mississippi depend on several factors, including the driver’s age, whether they have had previous DUI convictions in the last few years, and whether anyone else is hurt or killed by their actions. If the driver is over 21, penalties for DUI include:

• First DUI Offenses – Misdemeanors. Penalties can include fines up to $1000, jail time up to 48 hours, an alcohol safety program, attending a victim impact panel, and a 120-day driver’s license suspension.
• Second DUI Offenses (Within Five Years) – Misdemeanors. A $1500 fine, up to six months in jail, a substance abuse treatment program, up to six months of community service, and suspension of your driver’s license for a year or court-ordered ignition lock device installation can all come with a second DUI conviction in Mississippi. Additionally, these charges can’t be reduced or suspended.
• Third DUI Offenses (Within Five Years) – Felonies. Up to $5000 in fines, required prison time between one and five years, a substance abuse treatment program, and interlock license restrictions for three years after release from prison, if your driving privileges weren’t revoked, can all come with a third or subsequent DUI conviction. These charges also can’t be reduced or suspended.

FAQs

Q: What Is the Penalty for an Underage DUI in Mississippi?

A: The penalties for an underage DUI in Mississippi include a $250 fine, completing an alcohol safety course, attending a victim impact panel, and driver’s license suspension for 120 days. An important distinction is that the blood alcohol concentration limit is lower for drivers under 21, just 0.02%, as opposed to the 0.08% blood alcohol concentration limit for drivers over 21.

Q: Is Your License Suspended Immediately After a DUI in Mississippi?

A: Yes, your driver’s license is suspended immediately after you are convicted of a DUI in Mississippi. The length of time it is suspended depends on several factors, such as whether or not you denied a chemical test and the severity of your charge. However, in many cases, the driver will receive a temporary permit so that they can drive until their court date, when it will be determined if their license will be suspended for a longer period.

Q: What Is the Most Common Sentence for a First-Time DUI in Mississippi?

A: The most common penalties included in a first-time DUI sentence include fines, attending a victim impact panel and alcohol safety program, and a suspension of your driver’s license. In some cases, the driver may be sentenced to jail time or probation, in addition to being mandated to use an ignition interlock system in their car. Most first-time DUI sentences are much less severe than any subsequent charges in Mississippi.

Q: Can a DUI Be Dismissed in Mississippi?

A: Yes, a DUI charge can be dismissed in Mississippi. However, this only applies to first-time offenses, and even then, getting a DUI dismissed is extremely difficult. Getting your case dismissed may depend on factors like being able to prove violations in police procedures or the fact that the results of your chemical tests were inaccurate. A skilled Pass Christian DUI lawyer can evaluate your case to determine whether they think it’s eligible for dismissal.

Protect Your Rights and Your Mississippi Driving Privileges

If you’ve been arrested for DUI in Mississippi, Miller Law Offices can provide dedicated and experienced representation to help you preserve your freedom and your rights. Reach out to our office today to schedule an initial consultation and review your legal options.

See Related Posts:

• Is Your License Suspended Immediately After a DUI in Mississippi?
• How To Expunge a DUI in Mississippi?