6Jul 2015
Jul 6, 2015

What is ‘legally drunk’ in Mississippi

In Mississippi, drivers under the age of 21 years are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are considered to be legally drunk when their blood alcohol level is more than .08. However, for commercial vehicle drivers, they are legally drunk when their blood alcohol level is more than.04. Just like in most states, school bus drivers are commercial drivers.

Mississippi Drunk Driving Penalties

For first time DUI offender they face the following penalties:

  • Imprisonment for up to 48 hours,
  • A fine of $250 to $1,000
  • The offender must complete an alcohol safety education program.
  • The driver’s license suspension period is 1 month to 3 months
  • The offender will be required to equip all the vehicle he/she uses with an ignition interlock for a period of 3 months

 
For second time offenders within 5 years of the previous offense, they face:

  • A prison sentence of five  days to one year
  • A fine of $600 to $1,500
  • Community service work for a period of 10 days to one year
  • The suspension period for the offender’s driver’s license is 45 days
  • During the suspension period all vehicles belonging to the offender will be impoundment
  • However, the judge may order installation of an ignition interlock device if other drivers in the household depend on the vehicle
  • Any person convicted of a DUI offense for the second time, he/she must  receive an in-depth diagnostic assessment

 
For third time offenders, they face:

  • A prison sentence of 1 to 5 years
  • A fine of $2,000 to $5,000
  • All vehicles belonging to the offender will be seized and may be subject to forfeiture
  • The suspension period for the offenders driver’s license is two years
  • The offender is required to use an ignition interlock device in all vehicle he/she drives for a period of 3 years

 
A fourth or subsequent offense will lead to a prison sentence between two and ten years, a fine of $3,000 to $10,000 and a 5-year license suspension.

The Point System in Mississippi

The point system is not used by the Mississippi Department of Public Safety (DPS) to track violations; however, points will still be added to your driving record. Violations can result to imprisonment, suspension of your driving privileges and fines.