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DUI Penalties in Mississippi

(1)    For a driver age 21 or over:

  1. First Conviction:  The driver’s first conviction in Mississippi of DUI will result in a fine of $250- $1000, imprisonment for not more than 48 hours (although the court may require the driver to attend a victim impact panel instead of imprisonment), attendance at an alcohol safety education program, and license suspension until the alcohol safety education program is completed.

If suspending the license poses a hardship, the court may reduce the suspension, but the suspension must be at least 90 days.  A hardship license is not available to a person who refuses a chemical test when requested by an officer.

  1. Second Conviction (within 5 years):  The driver’s second conviction in Mississippi of a DUI within 5 years will result in a fine of $600- $1500, imprisonment for 5 days to 1 year, community service work for 10 days to 1 year, 2 year license suspension (may be eligible for reinstatement after 1 year), and impoundment or immobilization of all vehicles registered to the person convicted for the entire length of license suspension (the court may order the installation of an ignition interlock system if there are other licensed drivers in the household who rely on the vehicle for necessary transportation).
  2. Third or subsequent conviction (within 5 years):  The driver’s third or subsequent conviction in Mississippi of a DUI within 5 years increases the crime to a felony which will result in a fine of $2000 to $5000, imprisonment for 1 to 5 years, seizure and possible forfeiture of the vehicle, and a 5 year license suspension (may be eligible for reinstatement after 3 years).

(2)     For a Driver under the age of twenty-one, Mississippi has a Zero Tolerance for Minors policy.

  1. First Conviction: The first conviction of a driver under the age of twenty-one whose BAC is more than .02% and less than .08% is eligible for non-adjudication and will result in the suspension of his license for 90 days, a fine of $250, and a court order to attend and complete an alcohol safety education program.  Additionally, the court may require attendance at a victim impact panel.

For a first conviction, if the driver’s BAC is greater than .08%, then the penalties are the same as for a driver who is 21 years of age or older.

  1. Second Conviction (within 5 years):  Regardless of BAC, the second conviction in Mississippi within 5 years of a driver who is under the age of 21 will result in a fine of not more than $500 and license suspension for 1 year (may be eligible for reinstatement after 6 months).

Third Conviction (within 5 years): Regardless of BAC, the third conviction in Mississippi within 5 years of a driver who is under the age of 21 will result in a fine of not more than $1000, license suspension until the driver reaches the age or 21 or 2 years, whichever is longer, and driver must complete treatment of an alcohol and/or drug abuse program.

 


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