Felony DUI

A third or subsequent DUI in Mississippi is a felony. So is a DUI where someone was seriously injured or killed. Felony DUI charges carry prison sentences, long-term license consequences, and a permanent record. The decisions made early in the case matter.

What this page covers

DUI Third, DUI Fourth, and DUI Death or Dismemberment charges in Mississippi — how DUI escalates to a felony, what the penalties are, and how these cases are approached.

When DUI becomes a felony

DUI Third is charged when you have two prior DUI convictions within the past five years. Penalties include a fine of $2,000–$5,000, one to five years in state prison, a five-year license suspension, and possible vehicle seizure.

DUI Fourth has no five-year look-back period — prior DUI convictions from any point in your history count toward the charge level. Penalties include a fine of $3,000–$10,000, a minimum of two years and a maximum of ten years in prison, and a license suspension of up to ten years.

DUI Death or Dismemberment is charged when someone is killed or seriously injured as a result of impaired driving. It carries a minimum sentence of five years and a maximum of 25 years. Because it is classified as a violent offense, at least half the sentence must be served before parole eligibility.

Prior convictions drive the charge level

At the felony DUI level, reviewing prior convictions is as important as analyzing the current charge. Whether prior DUIs occurred in Mississippi or another state, whether they resulted from pleas with counsel present, and whether procedures were properly followed — all of this can be relevant to what charge tier you are actually facing. That review should happen early.

How Kerry approaches felony DUI cases

Felony DUI defense involves the same procedural review as any DUI case: the legal basis for the stop, how field sobriety tests were administered, the calibration and operation of breath or blood testing equipment, and any available video evidence. At the felony level, those questions are combined with a careful review of prior conviction records and available sentencing alternatives.

Sentencing in felony DUI cases is not always fixed. Depending on the specific facts, the court, and the charge, alternatives to straight incarceration may be available. What is possible depends on the details of the case — which is why reviewing the facts as early as possible matters.

Talk to Kerry about your case

Call 662-205-0008 or contact the firm for a free consultation. Payment plans are available. Felony charges move on the state's timeline — the earlier the facts are reviewed, the more options remain open.