Second Offense DUI/OUI in Mississippi

Per Miss. Code Ann. § 63-11-30(1), it is unlawful for any person to drive or otherwise operate a vehicle within Mississippi who is under the influence of intoxicating liquor. A second DUI offense occurs when a person is arrested for operating a vehicle with a blood alcohol concentration (BAC) of 0.08% (or higher) or under the influence of any substance that impairs their ability to drive within five years of a previous DUI conviction (Miss. Code. Ann. § 63-11-30).

A second DUI in Mississippi is charged as a misdemeanor, but with increased penalties, such as 5 days to 6 months of possible jail time (§ 63–11–30(2b, c, d)), fines of $600–$1,500, 10 days to 6 months of community service, a 1-year license suspension, and possible vehicle impoundment. The stricter penalties for repeat DUI offenses reflect the state's commitment to public safety and to reducing the risks posed by impaired drivers.

Note: In Mississippi, "OUI", which means operating under the influence, can sometimes be used to refer to DUI (driving under the influence).

Is a 2nd DUI/OUI a Felony in Mississippi?

A second DUI offense is classified as a misdemeanor if it occurs within five years of the first conviction, as per Mississippi Code Annotated § 63-11-30(2). However, the DUI can be elevated to a felony offense if it causes serious injury, disfigurement, or death (Miss. Code Ann. § 63-11-30(5)). Also, DUI with a child under 16 in the vehicle is considered child endangerment, and it can lead to a felony charge (even without serious injury or death to the child).

What is the Lookback Period for a Second DUI in Mississippi?

A lookback period (or washout period) is the timeframe during which previous offenses influence penalties for a new violation. In Mississippi, the lookback period for DUI is five years (Miss. Code Ann. § 63-11-30(2b)). A second DUI results in stricter punishment.

What are Aggravating Factors in a Second DUI?

A second DUI carries significant penalties compared to the first. Even at that, certain aggravating factors, such as those listed below, can result in harsher penalties, including extended jail time, higher fines, mandatory ignition interlock, extended license revocation, or felony charges under Miss. Code Ann. § 63-11-30(5) for a second DUI offense:

• High Blood Alcohol Concentration of 0.15% or higher
• Driving with a minor passenger (Under age 16)
• Refusal to submit to a chemical test
• An accident causing serious bodily injury, disfigurement, or death
• Driving on a suspended/revoked license
• Open alcohol container in vehicle
• Reckless driving/excessive speeding (20+ mph over the speed limit).

What Happens If You Get a 2nd DUI/OUI in Mississippi

A second DUI/OUI in Mississippi carries the following potential consequences:

• A minimum of 5 days and up to 6 months imprisonment
• $600–$1,500 fine
• A minimum of 10 days and up to 6 months of community service
• License suspension for 1 year
• Vehicle Impoundment
• Mandatory Ignition Interlock for at least 1 year after license reinstatement
• Mandatory alcohol/drug evaluation and treatment
• Criminal record if the conviction stays
• Higher insurance premiums or coverage denial.

How Long Does a Second DUI Stay On Your Record in Mississippi?

A second DUI conviction remains permanently on criminal and driving records, as Mississippi law does not allow expungement for repeat DUI offenses. Hence, the presence of a second DUI on a person's record can affect them in areas such as employment, housing, professional licensing, and insurance. Additionally, the conviction can result in lasting damage to their personal and professional reputation.

How Much Does a Second DUI Cost in Mississippi

A second DUI in Mississippi can cost between $6,000 and $15,000+, depending on several factors. Fines range from $600 to $1500. Fines may increase due to factors such as high BAC, an accident, or a minor in the vehicle.

Other costs include:

• Towing, impound, and storage fees ($200+)
• Legal fees ($1,500–$6,000+)
• Court costs and filing fees ($300+)
• Ignition Interlock Device ($1000+/year)
• Alcohol safety education program fees
• Alcohol treatment programs
• Random drug/alcohol testing
• Driver's license reinstatement fees.

Chances of Going to Jail for a Second DUI in Mississippi

A second DUI conviction will result in a mandatory minimum of 5 days in jail, with a maximum sentence of 6 months (Miss. Code Ann. § 63-11-30(2)). However, in aggravated DUI, where the offense caused disfigurement, injury, or death, the offender shall, upon conviction, be sentenced to 5 to 25 years per victim (Miss. Code Ann. § 63-11-30(5)).

Driver's License Suspension for a Second DUI in Mississippi

A second DUI results in a 1-year license suspension for private drivers, while commercial drivers face a 55-year revocation. However, some offenders may qualify for a hardship or restricted license under certain conditions.

Under Miss. Code Ann. § 63-11-31, drivers can apply for an ignition interlock-restricted license, which gives them limited driving privileges upon installing an ignition interlock device (IID) on their vehicle.

To qualify for an interlock-restricted license, the offender must have served a portion of the revocation period (usually 45 days to 6 months), installed the IID, paid all fines and fees, and completed court-ordered alcohol treatment programs.

Ignition Interlock Device Requirement

Under Miss. Code Ann. § 63-11-31, all DUI offenders must install and maintain an Ignition Interlock Device (IID) to regain driving privileges, unless the court orders otherwise. An IID is necessary for interlock-restricted licenses, which permit limited driving privileges during the suspension or revocation period, usually allowing the offenders to drive to work, school, medical appointments, etc.

The IID is a breathalyzer device. The driver must blow into it to start the engine. If it detects alcohol, the vehicle won't start. Some IIDs require random retests while driving to ensure continued sobriety.

After installation, the IID remains for the rest of the revocation period. The court or the Mississippi Department of Public Safety may extend the duration based on the offender's history and circumstances. The offender bears all costs related to the IID, including installation, removal, leasing, and calibration.

DUI School and Substance Abuse Treatment

Mississippi mandates DUI school (i.e., Mississippi Alcohol Safety Education Program—MASEP) for second DUI offenders as part of their sentence or as a requirement for license reinstatement. They may also be required to undergo a substance abuse evaluation, which may potentially lead to a state-certified treatment program.

Probation Conditions

The court may impose probation on offenders following a second DUI conviction in Mississippi. The probation conditions are designed to assess behavior, aid rehabilitation, and ensure public safety. The probation terms typically include regular check-ins with a probation officer, abstinence from alcohol and drugs (enforced through random tests), travel restrictions, mandatory IID installation, and compliance with court-ordered programs like MASEP, and substance abuse evaluations.

Community Service Requirements

Community service is mandatory for a second DUI conviction in Mississippi. According to the law (Miss. Code Ann. § 63-11-30(2b)), a second DUI offender must complete at least 10 days and no more than 6 months of community service work.

Impact on Auto Insurance

In Mississippi, repeat DUIs can impact auto insurance. Premiums following a second DUI conviction may increase by 66% or more, and insurance companies may cancel running insurance policies or deny renewals. The Mississippi DPS requires drivers convicted of multiple DUIs and traffic violations to file an SR-22 form as proof of financial responsibility for license reinstatement.

Which Courts Handle DUI Cases in Mississippi?

In Mississippi, first and second DUI offenses are misdemeanors, and misdemeanor charges are handled in municipal or justice courts. However, if the DUI results in serious injury, disfigurement, or death, it qualifies as aggravated DUI, a felony, and can be handled in a circuit court.

The following is the contact information for five key courts in Mississippi counties and cities that handle DUI cases:

Jackson City Municipal Court
327 East Pascagoula Street
Jackson, MS 39201
Phone: (601) 960-1932
Website: Jackson City Municipal Court.

Hinds County Justice Court
407 East Pascagoula Street
Jackson, MS 39205
Phone: (601) 965-8800
Fax: (601) 973-5532
Website: Hinds County Justice Court.

Harrison County Circuit Court (Gulfport)
1801 23rd Avenue
Gulfport, MS 39501
Phone: (228) 865-4000
Website: Harrison County Circuit Court.

DeSoto County Justice Court
3423 Industrial Drive W,
Hernando, MS 38632
Phone: (662) 469-8026
Website: DeSoto County Justice Court.

Ridgeland Municipal Court
115 West School Street
Ridgeland, MS 39157
Phone: (601) 853-2001
Website: Ridgeland Municipal Court.

The Department of Public Safety (DPS) Driver Service Bureau handles driver licensing, suspensions, administrative hearings, and driving records. In summary, its responsibilities include:

• Issuance and renewal of driver's licenses
• Suspensions and reinstatements of driver's licenses
• Administrative hearings and appeals relating to license suspensions and revocations
• Ignition Interlock Device (IID) Oversight
• Maintain driver records and the point system
• Commercial driving licensing (CDL).

Interested individuals may contact the Mississippi Department of Public Safety (DPS) Driver Service Bureau at:

Mississippi Dept. of Public Safety Headquarters
1900 East Woodrow Wilson Avenue
Jackson, MS 39216
Phone: (601) 487-7028

Mailing address:
Mississippi Department of Public Safety
P.O. Box 1459 Canton, MS 39046
Phone: (601) 487-7028

Also, driver's license locations are available across North, Central, and South Mississippi.

Can You Get a DUI on a Horse in Mississippi?

No. Mississippi's DUI laws apply to motor vehicles, but an intoxicated person riding a horse may still face charges for public intoxication, disorderly conduct, or animal cruelty, depending on their behavior.