Mississippi DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Mississippi: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Mississippi, consult a licensed Mississippi criminal defense attorney.

Mississippi DUI / DWI Penalties

OffensePenalty
First OffenseUp to 48 hours jail, $250–$1,000 fine, 90-day suspension
Second Offense5 days–1 year, $600–$1,500 fine, 1-year suspension

Mississippi has a 5-year lookback period

DUI / DWI Statute of Limitations in Mississippi

In Mississippi, the general statute of limitations for a felony is 2 years and for a misdemeanor is 2 years.

See all Mississippi statutes of limitations →

Defending Against DUI / DWI Charges in Mississippi

Common defenses in Mississippi dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Mississippi criminal defense attorney for advice.

Related Mississippi Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication