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Mississippi driving lesson · Legal Requirements & Commercial Driving

DUI penalties

A 3-minute lesson from the Mississippi course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Legal Requirements & Commercial Driving
Checkpoint questions
6
Source pages
79

DUI penalties climb steeply with each offense. A first or second offense within five years is a misdemeanor; a third within five years is a felony. Drivers under 21 face Zero Tolerance penalties starting at just .02% BAC.

DUI penalties (age 21+, BAC .08% or higher)

DUI penalties (age 21+, BAC .08% or higher)
OffenseFineJailLicense
1st (misdemeanor)$250–$1,000Up to 48 hours120-day suspension
2nd within 5 yrs (misdemeanor)$600–$1,5005 days to 6 months1-year suspension
3rd within 5 yrs (felony)$2,000–$5,0001 to 5 years, MDOC custodyFull sentence + 3 yrs interlock
4th or more, any time period$3,000–$10,0002 to 10 yearsFull sentence + 10 yrs interlock
Handbook p. 79 ↗

Know the rule

After release from prison for a third offense, you're eligible only for an interlock-restricted license for three years; after a fourth or later offense, for ten years. The suspension lasts the full period of the sentence.

Handbook p. 79 ↗

Zero Tolerance DUI (under 21, BAC .02% to under .08%)

Zero Tolerance DUI (under 21, BAC .02% to under .08%)
OffenseFineLicense suspension
1st$250120 days
2nd within 5 yearsNot more than $5001 year
3rd within 5 yearsNot more than $1,0002 years or until age 21, whichever is longer
Handbook p. 79 ↗

Know the rule

A driver under 21 with a BAC of .08% or higher is charged with a regular DUI, not a Zero Tolerance DUI.

Handbook p. 79 ↗

Penalties get worse when:

  • You refused the breath or chemical test: a 1st DUI or 1st Zero Tolerance DUI adds a 90-day suspension
  • You're convicted of DUI while your license is suspended for a previous DUI
  • You cause an accident resulting in injuries while under the influence
Handbook p. 79 ↗

Put it into practice

A 20-year-old convicted of a first Zero Tolerance DUI, who also refused the breath test, faces a $250 fine and a 120-day suspension, plus an added 90-day suspension for the refusal.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the license suspension period for a First Offense DUI (adult, misdemeanor) in Mississippi?
  1. 1 year
  2. 6 months
  3. 90 days
  4. 120 days

Answer: 120 days

A First Offense DUI carries a 120-day license suspension.

Handbook p. 79 ↗
What is the license suspension period for a Second Offense DUI within five years?
  1. 6 months
  2. 1 year
  3. 120 days
  4. 2 years

Answer: 1 year

A Second Offense DUI within five years carries a one-year license suspension.

Handbook p. 79 ↗
A Third Offense DUI within five years is classified as what level of crime?
  1. A felony
  2. A civil infraction only
  3. A traffic violation with no criminal record
  4. A misdemeanor

Answer: A felony

A Third Offense DUI within five years is a felony under Mississippi law.

Handbook p. 79 ↗
After release from incarceration for a Fourth or subsequent DUI offense, how long is the driver restricted to an interlock-only license?
  1. 1 year
  2. 10 years
  3. 5 years
  4. 3 years

Answer: 10 years

A fourth or subsequent DUI offense carries a ten-year interlock-restricted license after release from incarceration.

Handbook p. 79 ↗
What is the license suspension for a Zero Tolerance First Offense DUI (driver under 21)?
  1. 1 year
  2. 30 days
  3. 2 years
  4. 120 days

Answer: 120 days

A Zero Tolerance First Offense carries a $250 fine and the same 120-day suspension as a standard first offense.

Handbook p. 79 ↗
A Zero Tolerance Third Offense DUI within five years carries a suspension of only 120 days, the same as a first offense.
  1. True
  2. False

Answer: False

A Zero Tolerance Third Offense carries a suspension of 2 years or until age 21, whichever is longer — far more than a first offense.

Handbook p. 79 ↗
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