DUI/OUI Laws in Mississippi

Learn the key facts about DUI/OUI in Mississippi.

In Mississippi, you can get a DUI (also called "OUI" (operating under the influence)) if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Mississippi says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Mississippi and other details about Mississippi DUI law.

(Take a look at our BAC chart to get an idea of how many drinks it takes to get to the legal limit.)

In Mississippi, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Mississippi, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

90 day license suspension

If first offense was a DUI: 1 year suspension of license. If first offense was a refusal to take test: 90 day license suspension.

If first offense was a DUI: 1 year suspension of license. If first offense was a refusal to take test: 90 day license suspension.

In Mississippi, when do police have to measure your blood alcohol content (BAC)?

In Mississippi, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Mississippi?

In Mississippi, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DUI in Mississippi?

Here are the minimum jail times for a DUI in Mississippi, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail term

5 days jail

1 year jail

How long will prior DUI convictions remain relevant for sentencing purposes in Mississippi?

In Mississippi, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years.

Can a DUI be “pleaded down” to a "wet reckless" in Mississippi?

In some states, it's possible for someone who's charged with drunk driving to "plea bargain" for a lesser charge. When such a plea bargain is for a reckless driving violation, it's sometimes called a "wet reckless."

Mississippi prohibits plea bargaining in DUI cases. So, for someone who's accused of driving under the influence in Mississippi, plea bargaining for a lesser charge typically isn’t a possibility. (Miss. Code. Ann. § 63-11-39 (2017).)

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Mississippi?

An ignition interlock device may be required for a second offense in lieu of vehicle forfeiture.

Where can I get more information about DUI laws in Mississippi?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Mississippi DUI attorneys in your area.

Last updated on 09/01/2010.

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