If found guilty of a third or subsequent driving under the influence charge, the following sentences and penalties are applied:
- fine of not less than $2000.00, nor more than $5000.00 (plus court costs)
- imprisonment for not less than one year nor more than five years
- suspension of driver’s license and driving privileges for five years (no possibility of hardship license)
- vehicle seizure and possible forfeiture
- ignition interlock following license reinstatement
If you are charged with a 3rd offense DUI, you will be able to drive only under a restricted interlock ignition driver’s license for 3 years following your release from incarceration. You will then be ineligible for an unrestricted license for 3 years.
Also, a person convicted of a 2nd or subsequent violation shall receive an in-depth
diagnostic assessment. If it is determined that the defendant has a drug/alcohol problem, he will be required to complete an approved treatment program.
Mississippi Statute Annotated § 63-11-49 holds that when a vehicle is seized for a third or subsequent DUI, the arresting officer shall impound the vehicle and the vehicle shall be held as evidence until a court of competent jurisdiction makes a final disposition of the case and the vehicle may be forfeited by the administrative forfeiture procedures provided for in this section upon final disposition as provided in Section 63-11-30(2)(c) .
Within thirty days of such an arrest, the person charged may petition the court for the return of the vehicle.
