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Mississippi · First offense

A first DUI in Mississippi: what it can result in

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A fine, or forty-eight hours, or both — and the class is mandatory. Mississippi gives the court three ways to sentence a first DUI and requires it to pick at least one: a fine of $250 to $1,000, imprisonment of not more than forty-eight hours, or both. What is not discretionary is the education requirement — the court shall order the driver to attend and complete an alcohol safety education programme within six months of sentencing. A victim impact panel may be substituted for the forty-eight hours. A qualifying first offence can also be nonadjudicated by the court, which is the route most first offenders are actually looking for; holders of a commercial licence or learner permit at the time of the offence are excluded from it.

Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense MS, or a first DUI in MS — and the paperwork will use none of them. Mississippi charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Misdemeanor

Confinement. Up to 48 hours, at the court’s discretion

Fine. $250 to $1,000

Mississippi Code § 63-11-30 · Miss. Code § 63-11-30(2)(a); § 63-11-32; § 63-11-31 · checked 2026-09-06

The other half of the sentence

The device is a separate track

Mississippi treats the interlock as the way to keep driving at all. The license is seized at the stop and the paper receipt works as a permit for 30 days; after that an administrative suspension runs unless the court has ordered an interlock-restricted license instead. Refusing the chemical test suspends a Class R license for 90 days on its own, and a year if you have a prior.

In Mississippi the interlock term runs Set by the court and is administered by Mississippi Department of Public Safety, on the court order — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Mississippi Department of Public Safety, on the court order

Speak to a Mississippi DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Mississippi.

Asked constantly

Mississippi DUI questions

Is jail time mandatory for a 1st DUI in Mississippi?

Mississippi gives the court three ways to sentence a first DUI and requires it to pick at least one: a fine of $250 to $1,000, imprisonment of not more than forty-eight hours, or both. What is not discretionary is the education requirement — the court shall order the driver to attend and complete an alcohol safety education programme within six months of sentencing. A victim impact panel may be substituted for the forty-eight hours. A qualifying first offence can also be nonadjudicated by the court, which is the route most first offenders are actually looking for; holders of a commercial licence or learner permit at the time of the offence are excluded from it.

How likely is jail time for a first DUI in MS?

Start from what the statute forces and what it leaves to the judge. The floor here is up to 48 hours, at the court’s discretion. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

What is the punishment range for a 1st DUI in Mississippi?

Misdemeanor: up to 48 hours, at the court’s discretion, and a fine of $250 to $1,000. The range is set by Miss. Code § 63-11-30(2)(a); § 63-11-32; § 63-11-31, and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Mississippi?

Mississippi treats the interlock as the way to keep driving at all. The license is seized at the stop and the paper receipt works as a permit for 30 days; after that an administrative suspension runs unless the court has ordered an interlock-restricted license instead. Refusing the chemical test suspends a Class R license for 90 days on its own, and a year if you have a prior. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Mississippi Department of Public Safety, on the court order.

Other steps in Mississippi: second offense penalties and when it becomes a felony penalties.

All Mississippi DUI rules →Penalties across the states →Mississippi DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.