Your First DUI in Mississippi: The Fine, Jail Exposure and the Class the Court Orders

Quick answer: A first DUI conviction in Mississippi carries a fine of $250 to $1,000, up to 48 hours in jail, or both, under Section 63-11-30 of the Mississippi Code. The court must also order you to complete an alcohol safety education program, known as MASEP, within six months of sentencing. Separately, a regular license is suspended for 120 days unless the court orders an ignition-interlock restricted license. A qualifying first offense may also be non-adjudicated. The rest of this guide walks through each piece.

What counts as DUI in Mississippi?

Section 63-11-30(1) makes it unlawful to drive or otherwise operate a vehicle if you are under the influence of intoxicating liquor, under the influence of another substance that has impaired your ability to operate a motor vehicle, or under the influence of a drug or controlled substance that is unlawful to possess.

It also sets alcohol concentration limits:

• .08% or more for a person of legal age to buy alcohol.
• .02% or more for a person below that age.
• .04% or more for a person operating a commercial motor vehicle.

The first-offense penalty applies both where chemical tests were given and where chemical test results are not available. In plain terms, a first offense can be prosecuted with or without a test result.

What are the penalties for a first DUI conviction?

Here is what the statute and the Department of Public Safety (DPS) list for a first conviction.

Consequence	First offense	Where it comes from
Fine	$250 to $1,000	Section 63-11-30(2)(a)
Jail	Not more than 48 hours	Section 63-11-30(2)(a)
Class	MASEP within six months of sentencing	Section 63-11-30(2)(a)
Regular license	120-day suspension unless the court orders an interlock-restricted license	DPS
Insurance	Proof of insurance for three years	DPS
Commercial driving	One-year disqualification	DPS

The fine and the jail term are written with “or both,” so a court can impose one or the other or the two together. The court may also substitute attendance at a victim impact panel instead of the 48 hours in jail.

Those numbers are the range in the statute. What a court does in a given case depends on the facts and the court, which is why it is worth going through your own ticket with a lawyer. Our page on first-offense DUI defense covers how that conversation works.

What class does the court order?

The court must order you to attend and complete an alcohol safety education program within six months of sentencing. In Mississippi that is MASEP, the Mississippi Alcohol Safety Education Program. Its home page lists the class fee as $225 and says you will not be allowed to enroll until after your conviction or the start of the non-adjudication process.

MASEP also says a license will not be eligible for reinstatement until a person required to attend has completed it. For enrolling, missed sessions and what happens afterward, read our guide to MASEP, Mississippi’s first-offense DUI class.

What happens to my license?

Two different things can happen, on different schedules.

The first starts at the arrest. The receipt for your license works as a temporary permit for 30 days. If no one contacts the court in that time to get an order extending it, your driving privileges are suspended for 90 days. See the 30-day clock.

The second comes with the outcome of the case. On a first conviction, a regular license is suspended for 120 days, absent a court order for an ignition-interlock restricted license. DPS says suspensions for convictions and non-adjudications start 21 days from the date the court order was entered. Read how the ignition-interlock restricted license works.

If you refused a test, a separate suspension applies. See refusing the breath test.

Is a first DUI treated differently if I am under 21?

Yes, in part. Mississippi’s Zero Tolerance for Minors provision applies to a person under 21 with a blood alcohol concentration of .02% or more but lower than .08%. On a first conviction, the fine is $250 and the court orders the alcohol safety class within six months. The court may also require a victim impact panel. At .08% or more, the regular first-offense provisions apply.

Can a first DUI come off my record?

There are two routes in Section 63-11-30, and they are not interchangeable.

Non-adjudication happens during the case. The court withholds a finding of guilt and sentencing and places you in a program with conditions. You can use it one time. See our guide to non-adjudication on a first DUI.

Expunction comes after a conviction. The statute lets a person convicted of a first offense petition the circuit court at least five years after completing the sentence. It is available only to a person who did not refuse a blood or breath test, whose result was below .16% if results are available, who has no other DUI conviction or pending charge, who gives the court a justification, and who has not already had a non-adjudication or expunction. You get one.

What about a second or third DUI?

The penalties climb quickly. A second conviction with the offenses committed within five years carries a fine of $600 to $1,500, five days to six months in jail and community service. Those minimums cannot be suspended or reduced. A third conviction within five years is a felony. See felony criminal defense.

What should I do next?

Find your ticket and the receipt for your license and note the date of your arrest. Then call (662) 494-4999 or contact the office for a free consultation, by appointment. Attorney Mark A. Cliett takes DUI cases from Columbus and Starkville, with Aberdeen and Tupelo also covered.