First Offense
- Misdemeanor (0 prior convictions w/in 5 years)
- $250-$1000 fine excluding court costs
- Up to 48 hours in jail
- Mississippi Alcohol Safety Education Program or equivalent w/in six months
- 120 day driver's license suspension
- Other conditions in the judge's discretion
Second Offense
- Misdemeanor (1 prior conviction w/in 5 years)
- $600-$1500 fine excluding court costs
- 5 days up to 6 months in jail
- 10 days up to 6 months community service
- 1 year driver's license suspension
Third Offense
- Felony (2 prior convictions w/in 5 years)
- $2000-$5000 fine excluding court costs
- 1 year up to 5 years in jail
- Driver's license suspension for full term of incarceration
- After incarceration must obtain ignition interlock restricted license for 3 years
Fourth Offense
- Felony (3 prior convictions ever)
- $3000-$10,000 fine excluding court costs
- 2 years up to 10 in jail
- Driver's license suspension for full period of incarceration
- After incarceration must obtain ignition interlock restricted license for 10 years
Aggravated DUI
- Felony (0 priors required)
- DUI with death or serious bodily injury of another
- 5 years up to 25 years in jail
- After incarceration must obtain ignition interlock restricted license for at least 5 years, possibly more
DUI Child Endangerment
- DUI with child under 16 years of age in vehicle
- $1000 fine excluding court costs
- Up to 1 year in jail
Refusal
Automatic 90 day driver's license suspension separate and apart from the driver's license suspension for a conviction of DUI
Expunction
- Only non-commercial drivers who are first offenders are eligible
- Must have submitted to chemical test
- BAC must have been below 0.16
- Must not have any other DUI convictions or any DUI charges pending
- Must have successfully completed all court imposed conditions
- Must be 5 years after successful completion of conditions
- Must provide justification why expunction should be granted
- Must not have previously had a non-adjudication or expunction of a DUI
Non-Adjudication
- Commercial drivers ineligible
- Must be a first offense
- Must not have had a prior non-adjudication
- Must not have any prior convictions or any DUI charges pending
- Must provide justification as to why non-adjudication is appropriate
- Must complete all court imposed conditions:
- $250 non-adjudication fee
- Fines and court costs that would have imposed if convicted
- Mississippi Alcohol Safety Education Program w/in 6 months
- If alcohol related, must install ignition interlock device for 120 days or suffer 120 day driver's license suspension
- If other substance, must submit to 120 day program that will include drug testing or suffer 120 driver's license suspension
- May drive if enrolled in non-adjudication program and compliant with terms of program
- Any other conditions imposed by the court