The definition of “operating under the influence” and penalties for an OUI/DUI conviction in Mississippi.
Mississippi DUI laws (also called "OUI" (operating under the influence)) prohibit a motorist from operating a vehicle:
- with a blood alcohol content (BAC) of .08% or greater, or
- while "under the influence" of any controlled substance, drug, or alcohol.
Mississippi law defines "under the influence" to mean a state of intoxication that "lessens a person's normal ability for clarity and control."
Mississippi DUI Penalties
When a person is convicted of a DUI, the judge has the discretion to determine the penalties but is required to stay within certain ranges that are established by law. These ranges relate to the number of prior DUI offenses the offender has and the circumstances of the current offense. A first or second DUI within five years is a misdemeanor. But a third offense within a person's lifetime is a felony.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|
Jail |
Up to 48 hours |
5 days to 6 months (plus 10 days to 6 months of community service) |
1 to 5 years |
|
Fines |
$250 to $1,000 |
$600 to $1,500 |
$2,000 to $5,000 |
|
License suspension |
120 days |
1 year |
3 years |
Non-adjudication. A first-offense DUI is eligible for a "non-adjudicated" resolution. In other words, the judge can stay sentencing and instead have the driver submit to an alcohol safety program. Drivers who are able to participate in one of these programs must pay certain fines and fees and complete a 120-day ignition interlock device (IID) requirement. A non-adjudication will be considered as a prior conviction if the driver is subsequently convicted of another DUI.
Treatment. A second or subsequent offense requires the convicted person to complete an in-depth diagnostic assessment for substance abuse issues. The driver must abide by any assessment recommendations, including recommended treatment programs.
Aggravating factors. A DUI that involves an injury or fatality can include additional charges and result in fines of $10,000 and up to 25 years in jail. A DUI involving a passenger under 16 years old can lead to a separate "child endangerment" charge, which carries a maximum 12 months in jail and up to $1,000 in fines.
Chemical testing and Implied Consent. Any licensed driver operating a motor vehicle automatically gives consent to a blood, breath or urine test for the purposes of showing intoxication. A driver who refuses a test is subject to a 90 day administrative license suspension, which increases in duration along with the number of prior convictions.
Ignition Interlock Devices
All vehicles owned by the offender must be impounded, immobilized, or equipped with an IID (after obtaining an IID license) during the suspension period. Drivers who obtain an IID license can drive an IID-equipped vehicle after the DUI license suspension begins.
All drivers must complete the alcohol safety education program and all other court orders prior to license reinstatement.
