Vic Carmody, Jr.
First Call Attorney℠
First Call Attorney℠
Effective: April 2024
3rd DUI | Penalties for A Third DUI in Mississippi
Facing a third DUI in Mississippi is one of the most serious legal situations you can encounter under our state’s traffic and criminal laws. Unlike a first or even a second DUI charge, which are typically prosecuted as misdemeanors, a third offense within a five-year “lookback” period is treated as a felony under Mississippi Code Annotated §63-11-30.
That change in classification alone means that you are looking at prison time, significant fines, a lengthy driver’s license suspension, and the kind of criminal record that can alter the course of your life.
As an attorney who has defended DUI cases in Mississippi for decades, I want you to understand not only what the law says, but also the real-world impact of a third DUI conviction.
My goal is to provide you with clear, compassionate, and authoritative guidance so that you know what you are up against and what steps you must take to protect your future.
If you’re facing a third DUI offense in Mississippi, call 601-948-4444 or use our online contact form for a free consultation with a Mississippi DUI lawyer today!
How Mississippi Defines a Third DUI
Under Mississippi DUI law, driving under the influence is charged as a third offense if you have been convicted for two prior DUI offenses within the last five years. The lookback period is critical. If more than five years have passed since your last conviction, a new DUI will be treated as a first offense rather than a third.
| Offense | Jail/Prison Sentence | Fines | Driver’s License Suspension | Other Penalties |
|---|---|---|---|---|
| First DUI (Misdemeanor) | Up to 48 hours in county jail | $250 – $1,000 | 90 days (may be eligible for ignition interlock) | Mandatory alcohol safety education program |
| Second DUI (Misdemeanor, within 5 years) | 5 days – 1 year in county jail | $600 – $1,500 | 2 years | Community service (10 days – 1 year); ignition interlock required |
| Third DUI (Felony, within 5 years) | 1 – 5 years in state prison | $2,000 – $5,000 | 5 years | Vehicle forfeiture; ignition interlock upon reinstatement; felony record |
However, if your DUI arrest falls within that five-year window, you will be facing felony charges. This is why prior DUI convictions weigh so heavily and why each subsequent arrest carries dramatically harsher consequences.
Criminal Penalties for a Third DUI in Mississippi
The penalties for a third DUI conviction are designed to punish and deter repeat behavior. Mississippi law mandates minimum punishments, which judges must impose.
Here is what you can expect under the Mississippi DUI penalty statute:
- Prison Sentence: A conviction carries a minimum of one year in the custody of the Mississippi Department of Corrections, with a maximum possible sentence of five years. Unlike county jail time for misdemeanors, this means you will serve time in state prison.
- Fines: You will face fines ranging from $2,000 to $5,000, in addition to court costs and various administrative fees.
- Felony Record: Because a third DUI is a felony, you will permanently lose certain rights, including your right to vote and to own firearms, unless restored by law. This felony record will also follow you in background checks for jobs, housing, or professional licenses.
These third DUI penalties are not discretionary. Judges cannot reduce them below the statutory minimums, and prosecutors will aggressively pursue them. That is why having experienced legal representation is critical.
Driver’s License Consequences
On top of the prison sentence and fines, you will also face severe driver’s license consequences from the Mississippi Department of Public Safety. The administrative penalties for a third DUI in Mississippi are among the harshest in the state’s traffic code:
- License Suspension: Your driver’s license will be suspended for five years. This suspension is independent of the criminal penalties and is imposed administratively.
- Ignition Interlock Device: After you serve a portion of the suspension, you may apply for an ignition interlock restricted license, which requires you to install a breath-testing device in your vehicle at your own expense. This device prevents your car from starting if it detects alcohol.
- High Insurance Costs: You will be required to obtain SR-22 high-risk insurance, which significantly increases your premiums and must be maintained for several years after reinstatement.
Losing your ability to drive for five years can devastate your employment, family obligations, and daily life. While ignition interlock options provide some relief, the financial burden is still immense.
Vehicle Forfeiture
One of the penalties for a third DUI that shocks many clients is the state’s authority to seize and forfeit your vehicle. Under Mississippi law, if you are convicted of a third DUI, the court may order that the car you were driving at the time of arrest be seized and forfeited to the state.
This means you could lose ownership of your car entirely, even if you depend on it for work or family. In some cases, exceptions are made if the vehicle belongs to another family member who was not involved, but this is a complex issue that requires immediate legal attention from an experienced criminal defense attorney.
Additional Consequences Beyond the Courtroom
The legal penalties only tell part of the story. The long-term impact of a felony DUI conviction reaches far beyond what the judge orders. Here are some of the collateral consequences you should be prepared for:
- Employment: Many employers will not hire applicants with felony convictions, especially those involving impaired driving.
- Housing: Landlords often run background checks and may deny rental applications based on a felony DUI.
- Professional Licenses: Teachers, nurses, truck drivers, and other licensed professionals risk losing their credentials.
- Family Impact: A felony conviction and prison time can severely strain your family relationships, both financially and emotionally.
In short, the penalties for a third DUI can upend your life in ways that reach well beyond the courtroom.
Possible Alternatives and Defenses
Even if you are charged with a third DUI, there may be strategies available to reduce the impact or challenge the case. Some options may include:
- Challenging the Stop or Arrest: If the traffic stop was unlawful, or if the police officer did not follow proper procedures during your arrest, key evidence may be excluded.
- Questioning Chemical Test Results: Breathalyzer and blood test results are not always reliable. Calibration errors, medical conditions, or improper handling may cast doubt on the results.
- Negotiating with the Prosecutor: In some cases, it may be possible to negotiate a plea agreement that reduces charges or penalties.
- Non-Adjudication Programs: While typically reserved for first offenses, certain diversionary courses or treatment program alternatives may sometimes be negotiated.
Every case is unique, and the strength of your defense depends on the facts and the skill of your DUI attorney.
Why Immediate Action Matters
If you are arrested for a third DUI in Mississippi, time is not on your side.
You will be facing both criminal charges in court and administrative license suspension from the Mississippi Department of Public Safety.
You have only a short window to request a hearing to challenge the license suspension, and preparing a strong defense requires early investigation into the evidence against you.
The earlier you involve a DUI defense lawyer, the better chance you have of protecting your freedom, your license, and your future.
Talk To A Skilled DUI Lawyer In Mississippi Today
The penalties for a third DUI in Mississippi are life-changing. From prison time and steep fines to the loss of your license and your vehicle, the consequences are among the harshest in state law. Add to that the permanent stigma of a felony conviction, and it becomes clear that this is not a situation you can afford to handle alone.
As an attorney who has defended hundreds of DUI cases across Mississippi, I know how overwhelming this feels. But I also know that every case has potential defenses and opportunities to reduce the damage. If you are facing a third DUI charge, I urge you to reach out for experienced legal help immediately.
Your future is at stake, and the decisions you make right now will determine the rest of your life. Call 601-948-4444 for a free consultation with a top-rated DUI lawyer in Jackson, Mississippi now!
More Mississippi DUI Penalty Resources
If you’d like to learn more about DUI penalties in Mississippi, read some of our informative articles below.