Mississippi’s DUI (“Driving Under the Influence”) laws are written to punish and deter impaired driving caused by alcohol or drugs — even legal prescription drugs — when they affect a driver’s ability to operate a vehicle safely.** A person can be charged with DUI if they drive or are in **actual physical control** of a motor vehicle while impaired.

For most adult drivers age 21+, a **BAC of 0.08% or higher** creates a legal presumption of DUI. Drivers under  an explanation of mississippi's dui laws   21 are held to a stricter “zero tolerance” standard — only **0.02% BAC** is needed for a DUI. For commercial drivers (CDL holders), the limit is **0.04%** even if they are driving a personal vehicle. Importantly, a person can still be found guilty of DUI even with a lower BAC if the State shows their ability to drive was “impaired” by alcohol, drugs, or a combination.

Mississippi has an **implied consent** law. By driving on Mississippi roads, you legally agree to take a chemical test (breath, blood, or urine) if a lawful DUI arrest is made. Refusing a test triggers **automatic license suspension** — even if the person is later found not guilty in court — and the refusal itself can be used against a driver at trial. Officers typically administer field sobriety tests, then a breath test (Intoxilyzer), though blood tests are used in some cases.

Penalties depend on the number of prior convictions within a “look-back” period, typically five years for sentencing purposes, but lifetime counts matter for felony status. A **first offense** (a misdemeanor) includes fines, possible jail time, mandatory education programs, and license suspension. A **second offense** carries harsher fines, longer jail, and mandatory ignition interlock restrictions. A **third offense** becomes a **felony DUI**, carrying years in state prison and long-term license consequences. If a drunk driver causes injury or death, prosecutors may pursue separate felony charges such as “DUI death or bodily injury.”