DUI & DWI

If you are stopped while Driving Under the Influence, or DUI, in Mississippi you will be arrested immediately if the stopping officer determines that your Blood Alcohol Concentration (BAC) is 0.08% or greater, or 0.02% if you are of minor age.

When you receive your MS license, you are giving implied consent to be tested for drugs or alcohol during a traffic stop. If you refuse, you will also be arrested immediately.

For the first conviction of a DUI, you license will be suspended no less than 90 days but possibly up to one year, and you'll pay fines between $250 and $1,000, and you'll spend at least 48 hours in jail.

A second conviction results in a two-year suspension of your license and harsher fines. You'll spend at least five days and up to one year in jail, pay $600-$1,500 in fines, and sentenced to community service of 10 days to one year.

A third or subsequent offense will cost you a five-year license suspension, $2,000-$5,000 in fines, one to five years in jail and in-depth drug/alcohol assessments. Your vehicle will also be seized or you will be required to forfeit it. It is also listed on your record as a felony.

If you are convicted of driving with a suspended or revoked license, penalties will be added to the ones already imposed, and your suspension times will lengthen.

Hardships

There are three circumstances considered hardships which allow the judge leeway on license suspension. If your are convicted of a DUI offense, the judge may allow you to keep your license for the following reasons:

• To continue your work.

• To continue your schooling.

• To obtain medical care, such as scheduled dialysis or physical therapy.

You must prove you have one of these hardships for the judge to consider allowing you to drive.