EFFECTIVE OCTOBER 1, 2016
Mississippi Code Annotated 63-11-30, is the specific statute regarding operating a motor vehicle while under the influence of alcohol or drugs.
It is unlawful for any person to operate a motor vehicle if under the influence of alcohol
It is unlawful to drive or operate a motor vehicle in Mississippi if the person is
- is under the influence of liquor
- is under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle
- is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law OR
- has an alcohol concentration of 0.08% or more for a person who is 21 years of age, shown by the person’s breath, blood or urine sample
- has an alcohol concentration of 0.02% or more for a person who is less than 21 years of age, shown by the person’s breath, blood or urine sample
- has an alcohol concentration of 0.04% or more for a person operating a commercial motor vehicle
DUI 1ST CONVICTION, for either DUI alcohol/drugs
- Fine SHALL be not less than $250.00 nor more than $1,000.00 OR
- Jailed for not more than 48 hours OR
- BOTH fine & jail, as above
- SHALL attend alcohol safety education classes within 6 months of sentencing
- Court MAY substitute attendance at victim impact panel instead of 48 hours in jail
- Suspension of commercial driver’s license, see Section 63-1-216
- non-adjudication is possible for DUI 1st offense but not for commercial driver’s license holders
- interlock-restricted license, see Section 63-11-31
- suspension of regular driving privilege, see Section 63-11-23
DUI 2nd CONVICTION within 5 years, for either DUI alcohol/drugs
- SHALL be guilty of misdemeanor
- Fine SHALL not be less than $600.00 nor more than $1,500.00
- SHALL be Jailed not less than 5 days nor more than 6 months AND
- Community Service not less than 10 days nor more than 6 months
- Minimum penalties SHALL NOT be suspended or reduced by the court
- Prosecutor SHALL NOT offer any suspension or sentence reduction as part of plea bargain
- Suspension of commercial driving privileges, see Section 63-1-216
- Interlock-restricted license, see Section 63-11-31
- Suspension of regular driving privileges, see Section 63-11-23
DUI 3rd CONVICTION within 5 years, for either DUI alcohol/drugs
- SHALL be guilty of a felony
- Fine SHALL not be less than $2,000.00 nor more than $5,000.00
- SHALL be Jailed not less than 1 year nor more than 5 years in Mississippi Department of Corrections (MDOC)
- If offense does not result in serious injury or death to any person, the sentence MAY be served in the county jail instead of MDOC at the discretion of the circuit court judge
- Minimum penalties SHALL NOT be suspended or reduced by the Court
- Prosecutor SHALL NOT offer any suspension or sentence reduction as part of a plea bargain
- Suspension of commercial driving privilege, see Section 63-1-216
- Suspension of regular driving privileges, see Section 63-11-23
DUI 4TH CONVICTION for either DUI alcohol/drugs
- regardless to time period which violation occurred
- SHALL be guilty of a felony
- Fine SHALL not be less than $3,000.00 nor more than $10,000.00
- SHALL be Jailed not less than 2 years nor more than 10 years in Mississippi Department of Corrections (MDOC)
- Suspension of commercial driving privileges, see Section 63-1-216
- if convicted of DUI 4th or subsequent DUI, the person is ineligible to exercise the privilege to operate a motor vehicle unless it is equipped with an ignition-interlock device for 10 years