If you or someone you care about is facing a DUI charge in Mississippi, one of the biggest questions you may have is: “Is this a felony?” The answer depends on the details of your case—including your past driving history, who was involved, and whether anyone was hurt.
While most first and second DUIs are considered misdemeanors, Mississippi law treats repeat offenses and certain aggravating circumstances as felony DUI—which can carry years in prison, license revocation, and life-changing consequences.
Let’s break down the different ways a DUI can be classified as a felony in Mississippi.
1. Third DUI Offense (Within 5 Years)
If you’ve been convicted of two prior DUIs within the past five years, your third DUI is a felony under Mississippi law (Miss. Code Ann. § 63-11-30(2)(c)).
Penalties may include:
- 1 to 5 years in prison
- $2,000 to $5,000 in fines
- License suspension for 5 years
- Vehicle forfeiture
- Mandatory ignition interlock device
A third offense often means the court sees you as a danger to the public. That means probation is less likely, and the stakes are significantly higher.
2. Fourth or Subsequent DUI (Lifetime Lookback)
As of changes in Mississippi law, a fourth DUI or beyond is always a felony, regardless of how long ago your previous convictions were. This is known as a lifetime lookback. This provision is newer, and many people do not realize it exists.
Even if your last DUI was 10 or 15 years ago, if this is your fourth, the court treats it as a serious criminal offense.
Felony Fourth DUI Penalties:
- 2 to 10 years in prison
- Fines up to $10,000
- Extended license suspension
- Mandatory substance abuse evaluation and treatment
3. DUI Causing Injury or Death (Aggravated DUI)
Mississippi law also elevates any DUI to a felony if the impaired driver causes injury, disfigurement, or death to another person (Miss. Code Ann. § 63-11-30(5)).
This is often referred to as Aggravated DUI, and it is among the most serious types of DUI charges in the state.
Possible consequences:
- 5 to 25 years in prison per victim
- Restitution to victims
- Felony record for life
- Civil lawsuits in addition to criminal penalties
This type of charge can stem from accidents involving:
- Other drivers or passengers
- Pedestrians
- Motorcycle riders
- Even passengers in your own vehicle
4. DUI with a Child Passenger, Third Offense (Child Endangerment)
If you’re arrested for DUI with a minor under 16 years old in the vehicle, Mississippi law allows for enhanced penalties—and it can be treated as a separate offense under some circumstances. And if you are convicted of a third offense of DUI child endangerment at any time in your life, you face up to 5 years in prison.
While not automatically a felony, DUI with a child can result in additional charges, such as child endangerment, which may become felony-level if there’s an injury involved.
Why It Matters
A felony DUI conviction can affect your:
- Employment opportunities
- Gun ownership rights
- Voting rights
- Professional licensing
- Housing options
You’ll also face longer probation periods, steeper fines, and harsher license penalties than you would with a misdemeanor DUI.
Charged with a Felony DUI in Mississippi? Don’t Wait to Get Help.
Felony DUI cases are not just traffic offenses—they are serious criminal matters. If you’re facing a third DUI, an aggravated DUI involving injury, or any situation where a DUI charge is being elevated to a felony, you need experienced legal defense right away.
At the Eichelberger Law Firm, our attorneys understand Mississippi DUI laws inside and out. We even wrote the book on it. They’ll review your case for weak spots in the prosecution’s evidence, challenge improper procedures, and build a strategy tailored to your defense.
