Mississippi DUI Penalties

Below are the basic punishments ranges for drunk driving convictions in Mississippi. It is important to note that what you see below are ranges, and not precisely what any individual charged with a Mississippi DUI offense will receive. It is very important that you talk with a qualified drunk driving defense lawyer who is familiar with the typical sentences in the courts of the county where you are charged.

Mississippi DUI Punishment Ranges

DUI FIRST OFFENSE - FINES: not less than $250 - maximum $1,000; JAIL: up to 48 hours (court may substitute jail time by requiring attendance at a victim impact panel; LICENSE SUSPENSION: at least 90 days - maximum 1 year (may be eligible for hardship license after 30 days if chemical test was not refused); OTHER: alcohol safety education program.

DUI SECOND OFFENSE WITHIN 5 YEARS - FINES: not less than $600 - maximum $1,500; JAIL: not less than 5 days - maximum 1 year; LICENSE SUSPENSION: 2 years (no eligibility for hardship); OTHER: at least 10 days community service - up to 1 year, alcohol/drug diagnostic assessment and possible treatment, vehicle impoundment, 6 months minimum installation of an ignition interlock following license reinstatement.

DUI THIRD OR SUBSEQUENT OFFENSE WITHIN 5 YEARS - FELONY - FINES: not less than $2,000 - maximum $5,000; JAIL: not less than 1 year - maximum 5 years (if no serious injury or death sentence may be served in county jail instead of State Penitentiary at discretion of circuit court judge); LICENSE SUSPENSION: 5 years (no eligibility for hardship); OTHER: vehicle seizure and forfeiture OR installation of an ignition interlock for at least 6 months following license reinstatement, alcohol/drug diagnostic assessment and possible treatment.

DUI DEATH OR SERIOUS INJURY - FELONY - JAIL: not less than 5 years - maximum 25 years for each death, mutilation, disfigurement or other injury (court has discretion of whether to order sentences for a second or subsequent conviction arising from the same DUI offense to be served concurrently or consecutively).

Mississippi DUI Penalties For Minors

(Persons under the age of 21 with a BAC between .02 and .08)

DUI FIRST OFFENSE - FINES: $250; LICENSE SUSPENSION: 90 days (may be eligible for hardship license after 30 days if chemical test was not refused); OTHER: alcohol safety education program and possible attendance at victim impact panel.

**NOTE: Court has the discretion to rule a first offense non-adjudicated. Record will be maintained for five years or until the person reaches the age of 21.

DUI SECOND OFFENSE WITHIN 5 YEARS - FINES: not more than $500; LICENSE SUSPENSION: 1 year (license suspension may be reduced after 6 months if person receives an in-depth diagnostic assessment and treatment if needed).

DUI THIRD OR SUBSEQUENT OFFENSE WITHIN 5 YEARS - FINES: not more than $1,000; LICENSE SUSPENSION: 2 years, or until the person reaches the age of 21, whichever is longer; OTHER: alcohol and/or drug abuse program.