Mississippi DUI Laws
Mississippi DUI laws make it illegal for a person to operate a motor vehicle with a blood alcohol content, or "BAC," of .08 percent or higher — or while under the influence of an intoxicating substance which has impaired his/her ability to drive. For persons under 21 years of age, the threshold is .02 percent BAC. Those operating a commercial motor vehicle cannot exceed .04 percent. If you are stopped on suspicion of DUI and fail or refuse to consent to a blood, breath or urine test, your license will immediately be suspended and you face the possibility of more penalties. A DUI charge can be a frightening experience, but an experienced Mississippi DUI attorney will help you understand the process and advocate for the best possible outcome.
Mississippi DUI penalties can include fines, jail, vehicle impoundment and completion of the Mississippi Alcohol Safety Education Program (MASEP). You also face a minimum 90-day suspension of your driver's license. However, if this is your first offense and you did not refuse the chemical test, you may qualify for a hardship license. The court may require an ignition interlock device before a hardship license can be issued and/or following your license reinstatement. A Mississippi DUI lawyer can help you regain driving privileges so you can maintain your employment, education and other important commitments.
In defending your DUI charge, you have many rights, including the right to question the police officer and any other witnesses who may testify against you. If you have been charged with a DUI in Mississippi, a skilled attorney can mean the difference between a conviction and a dismissal.
Mississippi DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Mississippi BAC laws may differ from those of other states, as follows.
| Mississippi BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 90-day license suspension |
| Subsequent Offenses | 1-year license suspension |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 90-day license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 48 hours; maybe community service |
| Fines, Fees, and Surcharges | Approx. $250 to $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 2 years (may have conditional license) |
| Prison Term and Community Service | At least 10 days; maybe community service |
| Fines, Fees, and Surcharges | Approx. $600 to $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense (within 5 years of 2nd offense) | |
| License Suspension | 5 years (may have conditional license) |
| Prison Term and Community Service | 1 to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to 5,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Mississippi Office of Highway Safety