Skip to content
ImNotAnAttorney logo

Mississippi DUI Laws

DUI Defense in Mississippi

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under Mississippi (MS) DUI law.

BAC Limit

0.08

Enhanced BAC

0.15

Higher penalties above this

Lookback Period

5 years

Prior offenses count within

First Offense Penalties in Mississippi

Jail TimeUp to 48 hours
Fines$250 – $1,000
License Suspension90 – 120 days
Ignition Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

May be ordered by the court

Implied Consent and Test Refusal

Mississippi has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

Refusal Penalty

90-day license suspension

Mississippi-Specific Detail

Mississippi has some of the lightest first-offense DUI penalties in the nation, with a maximum of 48 hours jail and no mandatory minimum. The state's non-adjudication option may allow first offenders to avoid a conviction on their record.

Is your Mississippi DUI defense on track?

The Masked Researcher’s First Read checks 10 critical defense behaviors specific to DUI cases. Takes 2 minutes. Instant results.

Take the Free Defense Score

DUI Defense Playbook — $127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Mississippi DUI defendants.

Get the DUI Playbook — $127Read the Free DUI Guide

Other Mississippi defense topics

Facing a different charge in Mississippi? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in MississippiAssault in MississippiDomestic Violence in Mississippi

Important: This page provides general legal information about Mississippi DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a Mississippi-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.