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Mississippi’s DUI (also called "OUI" or "operating under the influence") laws forbid a person from driving under any of the following circumstances:
  • + with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle)
  • + while under the influence of any illegal drug or substance
  • + while under the influence of any drug or intoxicant, or
  • + while under the influence of intoxicating liquor.

Mississippi law defines “under the influence” as a state of intoxication sufficient to lessen a person’s “normal ability for clarity and control.”

A driver who has a BAC of .08% or more can be convicted of a “per se DUI,” regardless of his or her level of actual impairment. The volume of alcohol necessary to reach .08% can differ depending on the person’s gender and body size and the type of alcohol consumed.

  1st Offense 2nd Offense 3rd Offense
Up to 48 hours
5 days to 6 months 1 to 5 years
$250 to $1,000
$600 to $1,500 $2,000 to $5,000