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  • DUI & DWI in Mississippi

    Mississippi DUI & DWI

    In Mississippi, you’ll face penalties for driving under the influence (DUI) of alcohol from the Mississippi Department of Public Safety (DPS) and the court.

    A DUI is a serious offense and carries harsh penalties in Mississippi. Along with risking your life and the lives of other drivers, you may face driver’s license revocations, jail time, and heavy fines.

    On this page you’ll find information about the definitions of a DUI in Mississippi, some of the common penalties you may face, and some of the steps you may need to take to reinstate your driver’s license.

    Mississippi DUI Definitions

    You will likely receive a DUI in Mississippi if you are arrested for driving with a blood alcohol concentration (BAC) of:

    • At least 0.08%.
      OR
    • At least 0.02%, if you are younger than 21 years old.

    While those are the legal BAC limits, you may still receive a DUI or alcohol-related driving offense for driving with a BAC that is lower than the legal limits above. Your penalties will be determined by your court.

    DUI Penalties in Mississippi

    Driving under the influence of alcohol comes with penalties from both the court and the Mississippi Department of Public Safety (DPS).

    Your penalties will generally depend on the severity of your DUI offense and your driving history.

    The penalties you can expect to face from the court and the MS DPS are as follows:

    • For your 1st offense of a DUI, you may face:
      • A $250 to $1,000 fine.
      • 48 hours in jail.
      • A driver’s license suspension for 1 year.
    • For a 2nd offense within 5 years, you may face:
      • A $600 to $1,000 fine.
      • 10 days in jail.
      • A driver’s license suspension for 2 years.
    • For a 3rd or subsequent offense within 5 years, you will likely be convicted of a felony and face:
      • A $2,000 to $5,000 fine.
      • 1 to 5 years in prison.
      • A driver’s license suspension for 5 years.

    The penalties increase for multiple DUIs and offenses involving accidents, injuries, and deaths.

    If you need information about obtaining restricted driving privileges during your driver’s license suspension/revocation, please contact the Mississippi DPS.

    Underage Drinking and Driving

    If you are younger than 21 years old and you are arrested for driving with a BAC between 0.02% and 0.08%, you will face penalties under the Mississippi zero tolerance law.

    For a 1st offense, you may face:

    • A driver’s license suspension for 90 days.
      AND
    • A fine of $250.

    For a 2nd offense within 5 years, you may face:

    • A driver’s license suspension for 5 years.
      AND
    • A fine of $500.

    For a 3rd or subsequent DUI within 5 years, you will likely receive:

    • A driver’s license suspension until you are 21 years old or for 2 years, whichever is longer.
      AND
    • A fine of $1,000.

    Depending on the circumstances of your offense, you will likely face additional penalties.

    Reinstating Your MS Driver’s License

    Once you complete your court conviction requirements and satisfy the duration of your driver’s license suspension, you can reinstate your license with the Mississippi Department of Public Safety (DPS).

    Your reinstatement requirements may vary, but you’ll generally be required to:

    • Complete an alcohol and drug addiction evaluation program.
    • Pay a $175 reinstatement fee.
    • Provide proof of insurance with an SR22 form.
    • Pass any necessary driver’s license tests.

    For more information about some of your possible reinstatement requirements, please visit our Suspended License in Mississippi page.

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