Mississippi DUI Laws & Penalties

Mississippi Drunk Driving Laws Explained in Easy to Understand Simple Terms

Mississippi DUI offenses are very serious charges. This page will outline basic Mississippi DUI law and the specific punishments for each DUI offense. When you are arrested for a Mississippi DUI, if your blood alcohol level is .08% or higher you will immediately have your license taken by the MS police. The only way to protect your right to drive is to contact the Mississippi DMV and request a hearing to appeal your license suspension. You may want to talk to a Mississippi DUI lawyer to make sure your rights are protected, particularly while you await your trial date.

Also, if you refuse to take the blood alcohol test, your license will be suspended. You can file a test refusal petition within ten days of your arrest. If you do so, you can receive a temporary 45-day license that allows you to drive while you await your test refusal hearing. Keep in mind that if you refuse the test and are later found not guilty of DUI, you will still lose your license for 90 days. 

Penalties for Mississippi DUI

A Mississippi DUI carries harsh penalties. Your license will be suspended for no less than 90 days, and it can be suspended for an entire year. It will cost you $100 to get your license back. Also, before you can get your license back, you must attend a four-week education course that costs $100. If you need to drive to and from work or school, you can apply for a hardship license after thirty days of suspension, provided your Mississippi DUI is a first offense DUI case. 

Not only will you have your license suspended for your Mississippi DUI, but you will also have to pay a fine. This fine is between $250 and $1000. Jail time is another possibility. You can spend up to 48 hours in jail. Many courts prefer to ask the offender to attend a victim impact panel in lieu of jail time. 

Here is a summary of the penalties you face for a Mississippi DUI offense: 

Mississippi First Offense DUI Penalties

  • $250 to $1,000 in fines
  • 48 hours in jail
  • 1 year drivers license suspension
  • Victims impact panel
  • MASEP class (MASEP= Mississippi Alcohol Safety Education Program. Find a MASEP location .)

Mississippi Second Offense DUI Penalties

  • 5 days to 1 year in jail
  • 10 days to 1 year of Community service
  • $600 to $1,500 in fines
  • 2 year drivers license suspension
  • MASEP class (MASEP= Mississippi Alcohol Safety Education Program. Find a MASEP location .)
  • Possible vehicle impound

Mississippi Third or Subsequent Offense DUI

  • Felony offense
  • 1 to 5 years in prison
  • $2,000 to $5,000 in fines
  • Seizure and sale of vehicle
  • 5 year drivers license suspension
  • Vehicle seized and subject to forfeiture

Mississippi Implied Consent Law

  • Chemical testing is allowed. A breath test is required. You may consent to blood, urine or other bodily substance testing.
  • The officer is required to advise the defendant of the penalties for test refusal and their right to contact legal or medical assistance.
  • Tests resulting in a BAC reading of .08 or greater are subject to a 90 day or 1 year license suspension.
  • Test refusal results in the immediate forfeiture of a drivers license followed by a 90 day to 1 year suspension. Test refusal is admissible in court.

Mississippi DUI Chemical Testing

  • Blood draws for police testing must be performed by a licensed physician, registered nurse or other qualified individual.
  • An independent chemical test may be done by a qualified person of the defendant’s choosing. All costs associated with the independent testing is the defendant’s responsibility.
  • Test results must be made available to the defendant and their Mississippi DUI attorney upon written request.

Mississippi SR22 Insurance Considerations

Mississippi DUI laws require people convicted of drunk driving related offenses to maintain high risk auto insurance, otherwise known as SR22 insurance.  SR-22 insurance is primarily provided from specialized high risk auto insurance companies that primarily only write these types of policies.

We have partnered with the largest SR22 insurance provider in the state of Mississippi and worked out a special discount only available here for our website visitors.

You won’t be able to find a cheaper SR22 insurance policy in Mississippi for any less.

Additional Mississippi DUI Resources