Mississippi DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In Mississippi, the implied consent law goes into effect the minute you operate a vehicle on Mississippi roads. In Mississippi, the implied consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Mississippi. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Mississippi. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked for 90 days. The second refusal will result in a 1 year suspension of your license. You may be able to get a limited license to drive to work or school but you may also be required to get medical treatment in order to obtain the limited license.

Mississippi has one of the lowest populations in the United States but it has one of the highest of car accident fatality rates. Out of 911 fatal car crashes each year, 40% are the result of drinking and driving. You will be arrested immediately if you are pulled over and the officer suspects you are under the influence of drugs or alcohol. Mississippi puts individuals arrested for DUI through two court procedures. Offenders will be tried in a criminal case and a separate DUI driver’s license case. The criminal case will deal with jail time to be served, mandatory alcohol education classes, fines, mandatory Ignition Interlock Device. The administrative procedures will deal with driver’s license suspension.



Anyone who has blood alcohol content (BAC) of .08% or above will receive a DUI in the state of Mississippi. Since Mississippi uses the Per Se law, there is no other proof needed to convict you for a DUI. Underage drinkers fall under the zero tolerance law. Anyone under the age of 21 will be charge with a DUI if their BAC is above 0.0%, for example, 0.01% to 0.02%. This level can be reached with a single dose of over the counter cough medicine. Fines and penalties are increased for extreme DUI which is anyone with a BAC of .15% or more. Commercial drivers will be arrested for a BAC of 0.04% or more.

Repetitive DUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. A second penalty may involve Mandatory Alcohol Education or treatment. You may be required to complete a program as part of your probation or suspended sentence. You may lose your vehicle either permanently or for a specified length of time. This penalty is usually a consequence for repeat offenders. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.



The first DUI received in Mississippi will result in 48 hours of jail time and a fine of $250.00 to $1,000.00. Your license may be suspended for 90 days with the possibility of a hardship license after you have served 30 days of your suspension. You may also be required to participate and complete an Alcohol Safety Education Program and attend a Victim Impact Panel.

The second DUI received in Mississippi will result in 5 days of jail time and a fine of $600.00 to $1,500.00. Your license may be suspended for 2 years with no possibility of a hardship license. In addition you will be required to do 10 days to one year of community service. You may also be required to participate in and complete an Alcohol Safety Education Program and attend a Victim Impact Panel. All of your vehicles may be confiscated or immobilized and you may be required to install the Ignition Interlock Device (IID) on your vehicles for six months after your license has been reinstated at your own expense.

The third DUI received in Mississippi will result in 1 to 5 years of jail time and a fine of $2,000.00 to $5,000.00. Your license may be suspended for 5 years with no possibility of a hardship license. You will also be required to participate in and complete an Alcohol and/or Drug Abuse program. Your vehicle will be taken. You may be required to install the IID on all of your vehicles at your own expense. Your vehicle may be forfeited as well as all other vehicles registered in your name. You may be required to participate in an Alcohol Safety Education Program and attend a Victim Impact Panel.