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  • DUI & DWI in Mississippi

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    MS DUI & DWI
    Page Overview

    Verified As Of: 05/08/2015

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    Our goal is to give you the most up-to-date, accurate information about your state DMV's processes. The date you see here reflects the most recent time we've verified this information with your state DMV. When they change something, we do, too!

    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 depend on the severity of your DUI offense, if you have previous DUI charges, and your driving history. The Department of Public Safety can use Administrative laws to punish you and the courts can use criminal law.

    1st offense

    Administrative Penalties

    • Driver's license suspension: Minimum of 90 days with completed MASEP*
    • License reinstatement fee: $175.
    • Ignition interlock for restricted driver's license.
    • Financial responsibility (SR 22) filed for 3 years.

    Mississippi Alcohol Safety Education Program or MASEP is a required program for 1st time DUI offenders. You are allowed to enroll in the course after you receive a non-adjucated or conviction for your 1st DUI. To enroll call (800) 678-2534 or (662) 325-3423. The MASEP program fee is $190.

    Criminal Penalties

    • A $250 to $1,000 fine.
    • 48 hours in jail.
    • A driver's license hardship request fee: $50.

    2nd offense within 5 years

    Administrative Penalties

    • Driver's license suspension: 2 years
    • License reinstatement fee: $175.
    • Ignition interlock for restricted driver's license.
    • Financial responsibility (SR 22) filed for 3 years.

    Criminal Penalties

    • A $600 to $1,000 fine.
    • 1 to 5 years in jail.
    • 10 days to 1 year of community service
    • Possible forfeiture of your vehicle.

    3rd or subsequent offense within 5 years.

    Administrative Penalties

    • Driver's license suspension: 5 years.
    • License reinstatement fee: $175.
    • Ignition interlock for restricted driver's license.
    • Financial responsibility (SR 22) filed for 3 years.

    Criminal Penalties

    • A $2,000 to $5,000 fine.
    • 1 to 5 years in prison.
    • Forfeiture of your vehicle.

    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.

    1st offense:

    Administrative Penalties

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

    2nd offense within 5 years:

    Administrative Penalties

    • A driver's license suspension for 1 year.
      AND
    • A fine of $500.

    3rd or subsequent DUI within 5 years:

    Administrative Penalties

    • 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 from the courts.

    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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