Mississippi DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §63-11-30
A first DUI/DWI in Mississippi is classified as a misdemeanor.
- Jail: 48 hours (or 10 days community service) minimum to 48 hours in jail or up to 1 year probation maximum
- Fine: $250 to $1,000
- License suspension: 90 days (first offense)
- Substance abuse program: alcohol safety education program (MASEP) required
- Community service: 10-day community service option in lieu of minimum jail
- Probation: available
Second offense
- Jail: 5 days minimum to 1 year maximum
- Fine: $600 to $1,500
- License suspension: 2 years
Third and subsequent offenses
- Jail/prison: 1 year minimum to 5 years maximum
- Fine: $2,000 to $5,000
- License suspension: 5 years
- Felony threshold: third offense within 5 years is a felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI/DWI | 48 hours (or 10 days community service)–48 hours in jail or up to 1 year probation §63-11-30 | $250–$1,000 §63-11-30 | 90 days (first offense) §63-11-30 | |
| Second DUI/DWI | 5 days–1 year §63-11-30 | $600–$1,500 §63-11-30 | 2 years §63-11-30 | |
| Third DUI/DWI | 1 year–5 years §63-11-30 | $2,000–$5,000 §63-11-30 | 5 years §63-11-30 |
Lookback period
Mississippi uses a 5 years (for felony enhancement) Lookback period to determine how prior offenses affect sentencing. Only DUI/DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §63-11-30(2)(a)
- BAC ≥ 0.16 (doubled minimum fine and additional penalties)
- Child under 16 in vehicle
- Prior DUI within lookback period
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 1st offense: 48 hours (or 10 days community service) to 48 hours in jail or up to 1 year probation jail, $250-$1,000 fine, 90 days (first offense) suspension
- 2nd offense: 5 days to 1 year jail, $600-$1,500 fine
- 3rd+ offense: 1 year to 5 years jail, $2,000-$5,000 fine
- Lookback period: 5 years (for felony enhancement)