If you only remember one point about DUI penalties in Mississippi, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail up to 48 hours, license suspension, and alcohol program. Felony threshold: A fourth DUI is a felony; DUI causing death or serious injury can also be a felony. Procedure, examples, and the opinions below hang off Miss. Code Ann. § 63-11-30. Lookback: Prior DUI convictions within 5 years enhance; a fourth lifetime DUI can be a felony.. Ignition interlock: Ignition interlock may be required for reinstatement after DUI, especially for repeat offenders.
First-offense penalties
First-offense DUI is typically a misdemeanor with fines, possible jail up to 48 hours, license suspension, and alcohol program.
Walking through Mississippi facts
Use this walkthrough to see which Mississippi authority does the work at each step.
A driver in Mississippi is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail up to 48 hours, license suspension, and alcohol program.
- Ask when the charge becomes a felony: A fourth DUI is a felony; DUI causing death or serious injury can also be a felony. Lookback: Prior DUI convictions within 5 years enhance; a fourth lifetime DUI can be a felony.
- Interlock: Ignition interlock may be required for reinstatement after DUI, especially for repeat offenders.
Mississippi DUI under § 63-11-30 proceeds in justice, county, or circuit court depending on the charge, with parallel DPS license actions.
When a Mississippi DUI becomes a felony
A fourth DUI is a felony; DUI causing death or serious injury can also be a felony.
Ignition interlock and license consequences
Ignition interlock may be required for reinstatement after DUI, especially for repeat offenders.
How a typical Mississippi DUI case unfolds
Mississippi DUI under § 63-11-30 proceeds in justice, county, or circuit court depending on the charge, with parallel DPS license actions.
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Case law: DUI penalties in Mississippi
Leuer v. City of Flowood
Leuer v. City of Flowood, 1999 Miss. LEXIS 216 (1999)
…he Rankin County Circuit Court affirming his conviction for driving under the influence of intoxicating liquor pursuant to then applicable Miss. Code Ann. § 63-11-30(1)(a) (1995) and careless driving in violation of Miss.Code Ann. § 63-3-1213 (1996). Leuer now asks this Court to consider for the first time whether both statutes are facially void for vagueness and thus in violat…
Mississippi opinions such as Leuer v. City of Flowood are cited where DUI penalties is disputed. The court stated: "Rankin County Circuit Court affirming his conviction for driving under the influence of intoxicating liquor pursuant to then applicable Miss. Code Ann. § 63-11-30(1)(a) (1995) and careless driving in violation of Miss.Code Ann. § 63-3-1213 (1996)." That is the language to brief; the rest of the decision supplies the procedural posture.
Daniel PARISH A/K/A Daniel Jordan Parish v. STATE of Mississippi
Daniel PARISH A/K/A Daniel Jordan Parish v. STATE of Mississippi, 2015 Miss. LEXIS 529 (2015)
…¶1. Daniel Parish appeals his Rankin County conviction for driving under the influence of marijuana, arguing that the prosecution failed to present sufficient evidence to prove the elements of the charged offense. Finding no error, we affirm. FACTS & PROCEDURAL HISTORY ¶2. At around 12:30 a.m. on October 9, 2012, Parish encountered a driver’s license safety checkpoint while dr…
On DUI penalties, Daniel PARISH A/K/A Daniel Jordan Parish v. STATE of Mississippi speaks to the Mississippi dispute in this passage: "Daniel Parish appeals his Rankin County conviction for driving under the influence of marijuana, arguing that the prosecution failed to present sufficient evidence to prove the elements of the charged offense. Finding no error, we affirm. FACTS & PROCEDURAL HISTORY ¶2." The surrounding opinion shows how the court applied that language to the record.
Gilpatrick v. State
Gilpatrick v. State, 991 So. 2d 130 (2008)
…Court. ¶ 1. The defendant was convicted of three counts of driving under the influence of alcohol (DUI) and negligently causing mutilation. Finding no reversible error in the trial court's disposition of this matter, we affirm. FACTS AND PROCEEDINGS ¶ 2. On March 19, 2005 at approximately 1:00 a.m., the truck driven by Wayne Gilpatrick veered into oncoming traffic on Highway 1…
On DUI penalties, Gilpatrick v. State speaks to the Mississippi dispute in this passage: "Court. ¶ 1. The defendant was convicted of three counts of driving under the influence of alcohol (DUI) and negligently causing mutilation. Finding no reversible error in the trial court's disposition of this matter, we affirm. FACTS AND PROCEEDINGS ¶ 2." The surrounding opinion shows how the court applied that language to the record.
Graham WARWICK A/K/A Graham Robinson Warwick A/K/A Graham R. Warwick v. STATE of Mississippi
…the Court: ¶ 1. Graham Warwick appeals his convict tion for driving under the influence of marijuana, arguing that his conviction is against the weight and sufficiency of the evidence. Finding no error, we affirm: FACTS & PROCEDURAL HISTORY ¶ 2. On July 16, 2012, at around 6:20 p.m., Officer Tyler Burnell of the Madison Police Department had just completed a traffic stop at the…
Practitioners open Graham WARWICK A/K/A Graham Robinson Warwick A/K/A Graham R. Warwick v. STATE of Mississippi when Mississippi DUI penalties turns on the distinction in this sentence: "Court: ¶ 1. Graham Warwick appeals his convict tion for driving under the influence of marijuana, arguing that his conviction is against the weight and sufficiency of the evidence. Finding no error, we affirm: FACTS & PROCEDURAL HISTORY ¶ 2. On July 16, 2012, at around 6:20 p.m." Do not lift it out of the facts the court was deciding.
Charles Edward MOORE A/K/A Charles Moore A/K/A Charles E. Moore v. STATE of Mississippi
…conviction from the Forrest County Circuit Court for felony driving under the influence (DUI), third offense. Moore raises one assignment of error on appeal, arguing that there was insufficient evidence to support his conviction. We hold that Moore’s *201 assignment of error is without merit and affirm his conviction. FACTS AND PROCEDURAL HISTORY ¶ 2. On October 26, 2011, Offic…
On DUI penalties, Charles Edward MOORE A/K/A Charles Moore A/K/A Charles E. Moore v. STATE of Mississippi speaks to the Mississippi dispute in this passage: "Forrest County Circuit Court for felony driving under the influence (DUI), third offense. Moore raises one assignment of error on appeal, arguing that there was insufficient evidence to support his conviction." The surrounding opinion shows how the court applied that language to the record.
David Shun DELOACH v. CITY OF STARKVILLE, Mississippi
David Shun DELOACH v. CITY OF STARKVILLE, Mississippi, 2005 Miss. App. LEXIS 670 (2005)
…for the Court. ¶ 1. David Shun Deloach was found guilty of driving under the influence, first offense, in the Oktibbeha County Circuit Court. Deloach appeals, arguing that the trial judge erred in failing to sustain his motion for a directed verdict and that the trial court erred in sustaining a conviction for “common law” driving under the influence 1 when the affidavit faile…
On DUI penalties, David Shun DELOACH v. CITY OF STARKVILLE, Mississippi speaks to the Mississippi dispute in this passage: "Court. ¶ 1. David Shun Deloach was found guilty of driving under the influence, first offense, in the Oktibbeha County Circuit Court." The surrounding opinion shows how the court applied that language to the record.
Terrance Richard CAMPBELL A/K/A Terrance Campbell A/K/A Terrence Campbell A/K/A Terrence R. Campbell, Appellant v
…rison County jury found Terrance Richard Campbell guilty of driving under the influence (DUI). The court sentenced Campbell to five years in the Mississippi Department of Corrections’ custody. On appeal, Campbell argues that the jury’s general verdict is reversible error because it did not specify whether the jury found him guilty of “common law” DUI and/or “per se” DUI. Findin…
Mississippi opinions such as Terrance Richard CAMPBELL A/K/A Terrance Campbell A/K/A Terrence Campbell A/K/A Terrence R. Campbell, Appellant v are cited where DUI penalties is disputed. The court stated: "County jury found Terrance Richard Campbell guilty of driving under the influence (DUI). The court sentenced Campbell to five years in the Mississippi Department of Corrections’ custody." That is the language to brief; the rest of the decision supplies the procedural posture.
David L. BENNETT v. STATE of Mississippi
David L. BENNETT v. STATE of Mississippi, 1988 Miss. LEXIS 311 (1988)
…as tried and convicted of negligent injury to another while driving under the influence of alcohol in violation of Miss. Code Ann. § 63-11-30(4) (Supp.1985). The appellant was sentenced to serve a term of four (4) years in the custody of the Mississippi Department of Corrections, and it is from this conviction and judgment that Bennett appeals and assigns the following three as…
David L. BENNETT v. STATE of Mississippi is worth reading on Mississippi DUI penalties because the court put the point in its own words: "Miss. Code Ann. § 63-11-30(4) (Supp.1985)." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 5 years enhance; a fourth lifetime DUI can be a felony.
- First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail up to 48 hours, license suspension, and alcohol program.
- Felony threshold: A fourth DUI is a felony; DUI causing death or serious injury can also be a felony.
- Ignition interlock: Ignition interlock may be required for reinstatement after DUI, especially for repeat offenders.
- Primary authority: Miss. Code Ann. § 63-11-30.
Blood alcohol limits in Mississippi
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 5 years enhance; a fourth lifetime DUI can be a felony.
Frequently asked questions
What is the legal BAC limit in Mississippi?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Mississippi?
A fourth DUI is a felony; DUI causing death or serious injury can also be a felony.
Will I need an ignition interlock device?
Ignition interlock may be required for reinstatement after DUI, especially for repeat offenders.
This guide covers Mississippi impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.