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Mississippi DUI Laws

In Mississippi, DUI law is governed by the Mississippi Code, Title 63, Chapter 11.   Some states’ statutes use DUI to mean a lower BAC level than DWI, meaning that DUI is a lesser offense than DWI, but in Mississippi there is no difference between a DUI and a DWI.

DUI, driving under the influence, means driving or otherwise operating a motor vehicle while under the influence of alcohol or any other substance which impairs a person’s ability to operate the motor vehicle.  The type of offense depends on whether the driver is under the age of 21 and if the driver has had other DUI convictions in Mississippi within 5 years.

For a driver who is 21 years of age or older, the first and second conviction in Mississippi within 5 years are misdemeanors (misdemeanors have maximum prison sentences of not more than one year; felonies have maximum prison sentences that are longer than one year) and third and subsequent convictions are felonies.

For a driver who is under 21 years of age, DUI is a misdemeanor.   For a first conviction, the penalties are harsher; the driver may face jail time, if the driver’s BAC (blood alcohol level) is more than .08% than if his BAC is more than .02% and less than .08%.  For subsequent DUI’s in Mississippi within 5 years there is no distinction made based on BAC, but the penalties are different from those for a driver who is 21 years of age or older.


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