Mississippi DUI Laws: Penalties, BAC Limit & License (2026)

In Mississippi the offense is called driving under the influence (DUI), and Mississippi Code 63-11-30 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor punishable by a fine of $250 to $1,000, up to 48 hours in jail, or both, plus a 120-day driver's license suspension unless the court orders an ignition-interlock-restricted license, according to the Mississippi Department of Public Safety Driver Service Bureau.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Mississippi

Mississippi charges the offense as driving under the influence under Mississippi Code 63-11-30. The statute reaches a driver who is under the influence of alcohol or any other impairing substance, and it sets a per se rule of 0.08 percent BAC for drivers 21 and older. Because the law also covers actual impairment, a driver below 0.08 can still be charged if alcohol or drugs impaired the ability to drive, sometimes called a common-law DUI. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance provision that makes it an offense to drive with a BAC of 0.02 percent or more. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A first offense is a DUI common offense, and the statute separately defines aggravated DUI for crashes that cause death or serious injury.

First-offense DUI penalties in Mississippi (jail, fines, license)

A first DUI is a misdemeanor. Under Mississippi Code 63-11-30, a first conviction carries a fine of not less than $250 nor more than $1,000, imprisonment for not more than 48 hours, or both, and the driver must complete the Mississippi Alcohol Safety Education Program (MASEP) within six months of sentencing. The Mississippi Department of Public Safety Driver Service Bureau administers the license consequence separately and suspends the Class R license for 120 days absent a court order for the ignition-interlock-restricted license. Reinstatement requires completing MASEP, filing proof of insurance for three years, and paying a $175 reinstatement fee. A first offender who chooses the interlock-restricted license pays a $56 license fee and keeps the device installed during the restricted period.

Watch out: The Driver Service Bureau license suspension and the criminal case are separate. You can resolve the criminal charge and still face the administrative suspension, and a refusal suspension applies even if you are never convicted. Suspensions generally begin about 21 days after the court order.

Ignition interlock requirements in Mississippi

Mississippi does not impose an automatic ignition interlock requirement on every first DUI. Instead, under Mississippi Code 63-11-31, the ignition-interlock statute that Code 63-11-30(2)(a)(iv) and (2)(f) defer to, the interlock-restricted license is the primary tool that lets a first offender keep driving rather than serve the full 120-day suspension. The court can order the driver to obtain the interlock-restricted license, and the Mississippi Department of Public Safety Driver Service Bureau issues that license once installation of the device is verified. The interlock requires a breath sample before the engine starts and at random points during a trip, and it logs each reading. For repeat offenders and aggravated cases, the interlock requirement extends for longer periods as part of the path back to a regular license.

License suspension and the administrative process in Mississippi

Mississippi runs two tracks at once. The criminal case decides guilt and the fine or jail term, while the Mississippi Department of Public Safety Driver Service Bureau handles the driver's license. On a first conviction, the Class R license is suspended for 120 days unless the court orders the interlock-restricted license, which lets the driver keep driving with the device. A separate administrative suspension applies when a driver refuses the chemical test, 90 days if the driver has no prior DUI conviction or nonadjudication and one year if a prior exists, and it applies regardless of the criminal outcome. To reinstate, the driver must complete MASEP, file proof of insurance for three years, and pay the $175 reinstatement fee. Mississippi does not offer a hardship license or a judicial reduction of the suspension here; under Code 63-11-23(7), a driver becomes eligible for an unrestricted license once the alcohol safety education program is complete, every other condition of law and of the sentence or nonadjudication is satisfied, and nothing else bars the license.

Repeat offenses and the Mississippi look-back period

Mississippi counts prior DUIs within a 5-year look-back window to decide whether an offense is a first, second, or third. A second DUI within five years is a misdemeanor with a larger fine, longer jail exposure, and a one-year license suspension. The felony threshold arrives at the third offense: under Mississippi Code 63-11-30, a third conviction with the offenses committed within a five-year period is a felony, punishable by a fine of $2,000 to $5,000 and one to five years in the custody of the Department of Corrections. A fourth or subsequent conviction is a felony without regard to the time period within which the violations occurred, punishable by a fine of $3,000 to $10,000 and two to ten years in custody. Aggravated DUI that causes death or serious bodily injury is a felony regardless of offense number.

Watch out: Refusing the breath, blood, or urine test does not protect your license. A refusal triggers a 90-day suspension of the Class R license through the Driver Service Bureau, or a one-year suspension if you have a prior DUI conviction or nonadjudication, and officers can still pursue the case on other evidence. A court can order an interlock-restricted license that lets you keep driving during that period.

Refusing a breath or blood test in Mississippi

Mississippi's implied-consent law, in Chapter 11 of Title 63, provides that by driving on the state's roads you have consented to a chemical test of breath, blood, or urine when an officer has probable cause to believe you were driving under the influence. According to the Mississippi Department of Public Safety Driver Service Bureau and Mississippi Code 63-11-23(1)(a), refusing that test results in a 90-day suspension of the Class R license if you have no prior conviction or nonadjudication under Code 63-11-30, and a one-year suspension if you do, separate from any criminal penalty and applied even if there is no conviction. A court can order an interlock-restricted license that lets the driver keep driving instead of serving that suspension. The refusal can also be noted in the criminal case. Because the refusal suspension applies on its own and the state can often proceed on other evidence, refusing rarely avoids consequences and frequently adds the administrative suspension on top of the criminal exposure.

Can you expunge or seal a DUI in Mississippi

Mississippi allows a narrow expunction for a single first-offense DUI. Under Mississippi Code 63-11-30, a person convicted of a first offense who did not hold a commercial driver's license or commercial learner's permit at the time may petition the circuit court of the county of conviction to expunge the record at least five years after successfully completing all terms and conditions of the sentence. The court weighs eligibility factors, and a person may use this first-offense DUI expunction only once in a lifetime. Expunction is not available for second or later DUIs, for felony DUIs, or for commercial drivers. A nonadjudication option also exists for some first offenders, which can keep a conviction off the record under conditions set by the statute.

What to do after a DUI arrest in Mississippi

A Mississippi DUI creates two matters at once: a criminal case in court and a license case at the Driver Service Bureau. The deadlines move quickly, and the administrative suspension can begin about 21 days after the court order, so it helps to track both the criminal court dates and the license status. The criminal case proceeds on its own schedule through arraignment and resolution. General information cannot tell you how a case will come out, since the outcome depends on the specific facts, the test evidence, and your record. Since both cases move at once, get a free consultation from a Mississippi DUI lawyer on the charge and the interlock-restricted license (attorney advertising). Keep the arrest paperwork, any test or refusal documentation, and the court papers in a safe place.

More Mississippi Laws

• Mississippi Expungement Laws
• Mississippi Warrant Search

Frequently Asked Questions

What is the BAC limit in Mississippi?

The per se limit is 0.08 percent BAC under Code 63-11-30. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance limit of 0.02 percent. A driver can also be charged below 0.08 if alcohol or drugs impaired the ability to drive.

How long do you lose your license for a first DUI in Mississippi?

A first conviction suspends the Class R license for 120 days, unless the court orders an ignition-interlock-restricted license that lets you keep driving with the device. Refusing the chemical test brings a separate suspension of 90 days, or one year if you have a prior DUI conviction or nonadjudication.

Is a first DUI a felony in Mississippi?

No. A first DUI is a misdemeanor. DUI becomes a felony at the third offense when the offenses occur within five years, and a fourth or later DUI is a felony regardless of when the prior offenses happened.

Do you need an interlock for a first DUI in Mississippi?

An ignition interlock device is not automatically mandatory on a first offense, but the interlock-restricted license is the main way to keep driving instead of serving the full 120-day suspension. The court can order it as a condition of continued driving.

What happens if you refuse a breathalyzer in Mississippi?

Under implied consent, refusing the breath, blood, or urine test triggers a 90-day suspension of the Class R license through the Driver Service Bureau if you have no prior DUI conviction or nonadjudication, and a one-year suspension if you do. It is separate from the criminal case and applies even if you are never convicted, though a court can order an interlock-restricted license that lets you keep driving.

How long does a DUI stay on your record in Mississippi?

A first DUI conviction stays on your record unless you qualify for the one-time first-offense expunction, available no sooner than five years after completing the sentence. For penalty purposes, the look-back period for first, second, and third offenses is five years.

Can you get a DUI expunged in Mississippi?

A single first-offense DUI can be expunged under Code 63-11-30 at least five years after you complete all terms of the sentence, if you did not hold a commercial license at the time. This expunction is available only once and does not apply to second or later or felony DUIs.

What is the look-back period for DUI in Mississippi?

Mississippi uses a five-year look-back period to decide whether a DUI is a first, second, or third offense. A third offense within five years is a felony, while a fourth or later offense is a felony regardless of how long ago the priors occurred.