Mississippi DUI/DWI Laws: Penalties, Court Process, and Records

All U.S. states prosecute driving while drunk (DWI) and driving under the influence (DUI), although the terms and punishments differ. While DWI is frequently used colloquially, DUI is the official legal term in Mississippi. Strict regulations against driving under the influence of alcohol or drugs are enforced by the state, and repeat offenders face harsher penalties and felony charges after several convictions.

What Is a DUI in Mississippi?

DUI is defined as operating a vehicle while under the influence of alcohol, narcotics, or controlled substances under Mississippi Code §63-11-30.

The legal thresholds for alcohol impairment are based on blood alcohol concentration (BAC). In Mississippi, they are:

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance)

When a driver's ability to drive safely is compromised by illegal drugs, prescription medicines, or other intoxicants, Mississippi additionally prosecutes drug-related DUIs.

DUI Penalties in Mississippi

Mississippi's look-back period for repeat offenses is five years. The severity of penalties increases with each conviction.

• First DUI Offense (Misdemeanor):
  • Misdemeanor offenders can face up to 48 hours (often suspended) in prison
  • They may be required to pay a fine of $250 to $1,000
  • Their license may be suspended for 90 days to 1 year
  • They may have to attend a mandatory alcohol safety education program
  • They may also need to get an ignition interlock device (IID)
• Second DUI Offense (within 5 years, Misdemeanor):
  • Offenders can get from 5 days to a year in jail
  • They may also have to pay fines from $600 to $1,500
  • They can get a driver’s license suspension for 2 years
  • They may be required to have an IID after their license is reinstated
  • They may also have to attend a mandatory alcohol treatment program
• Third DUI Offense (within 5 years, Felony):
  • This offense could attract 1 to 5 years in prison
  • It could lead to a fine of $2,000 to $5,000
  • It could get the offender’s license suspended for 5 years
  • They may need to forfeit the vehicle
  • They may be required to get an IID after their license is reinstated
• Fourth or Subsequent DUI (Felony):
  • This is a felony offense, even if it is outside the 5-year period.
  • It can get an offender 2 to 10 years in prison
  • They may need to pay a fine of up to $10,000
  • It could also lead to long-term license revocation

Aggravated DUI: DUI sanctions include felony charges carrying a maximum 25-year jail sentence if it causes death or serious injury.

DUI Arrest and Court Process in Mississippi

Mississippi DUI cases involve both criminal prosecution and administrative license actions:

1. Traffic Stop and Arrest – Officers conduct field sobriety and chemical testing. Refusal triggers automatic license suspension underMississippi’s implied consent law.
2. Booking and Charges – The driver is processed and charged with DUI.
3. Administrative License Suspension – The Mississippi Department of Public Safety (DPS) imposes an immediate suspension, which can be challenged in court.
4. Arraignment – Charges are formally read, and the defendant enters a plea.
5. Pre-Trial Hearings – Defense attorneys may challenge the legality of the stop or the accuracy of chemical tests.
6. Trial – If unresolved, the case proceeds to trial before a judge or jury.
7. Sentencing – If convicted, penalties include fines, jail, license suspension, IID, and mandatory treatment.

Although certain courts may grant probation or treatment options for first-time offenders, Mississippi does not have many diversion programs for DUI.

How to Search for DUI Records in Mississippi

DUI records in Mississippi are public but must be accessed through state and county systems:

• Mississippi Electronic Courts (MEC) System: The Mississippi Electronic Courts (MEC) System is an online resource for case searches in participating counties, including DUI charges and results.
• Mississippi Department of Public Safety (DPS): This department is responsible for keeping track of official driver records, which include IID requirements, license suspensions, and DUI convictions. Drivers have the right to request their own documents.
• County Circuit or Municipal Courts: You may find certified case files and sentence documentation from the county circuit or municipal courts.
• Mississippi Criminal Information Center (MCIC): For background checks, the Mississippi Criminal Information Center (MCIC) keeps track of criminal history information.
• Third-Party Background Check Services: Although they might include DUI records, third-party background check services frequently lack official accuracy.

DUI record details typically include BAC level, conviction type, penalties, and license consequences.

How Long Does a DUI Stay on Your Record in Mississippi?

DUI convictions in Mississippi carry long-term consequences:

• Criminal Record: A DUI conviction is irreversible. Multiple DUI convictions cannot be wiped out in Mississippi; however, if an offender satisfies certain standards, a first-time misdemeanor DUI conviction may be expunged after five years. DUIs that are felonies cannot be expunged.
• Driving Record: DUI convictions have a five-year impact on insurance and sentencing in Mississippi.
• Insurance and Employment: A DUI may result in higher insurance rates for three to five years. Unless purged, convictions may be visible to employers and licensing authorities indefinitely.

Mississippi has strict DUI laws, and the penalty for first-time offenders ranges from fines and brief jail terms to felony charges and lengthy prison terms for recurrent or aggravated DUIs. The state applies both alcohol and drug impairment laws, using DUI as its official legal term.

State courts and the Department of Public Safety have access to DUI records, and only first-time misdemeanors have limited opportunities for expungement. Given the harsh and long-lasting repercussions of a conviction, drivers, employers, and researchers must comprehend Mississippi's DUI framework.