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 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.

Refusing a BAC Test

By law, when you get behind the wheel of a car in Mississippi, you automatically agree to submit to a breath or blood test should a law enforcement officer believe you to be under the influence. This is referred to as "implied consent."

If you are pulled over and asked to submit to a blood alcohol test, and you refuse to do so, your license can be suspended for 180 days unless you obtain an interlock-restricted driver's license that will allow you to continue driving. The suspension would go into effect 30 days after you're notified of the penalty.

If you've been convicted of DUI before, this license suspension jumps to 1 year.

1st DUI offense

Administrative Penalties

  • Driver's license suspension: Minimum of 120 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-adjudicated or conviction for your 1st DUI. To enroll call (662) 325-3423. The MASEP program fee is $200.

Criminal Penalties

  • A $250 to $1,000 fine.
  • 48 hours in jail.
  • A driver's license hardship request fee: $56.
  • Mandatory completion of an alcohol safety education program within 6 months.

2nd offense within 5 years

Administrative Penalties

  • Driver's license suspension: 1 year
  • License reinstatement fee: $175.
  • Ignition interlock for restricted driver's license.
  • Financial responsibility (SR 22) filed for 3 years.

Criminal Penalties

  • A $600 to $1,500 fine.
  • 5 days to 6 months in jail.
  • 10 days to 6 months of community service
  • Possible forfeiture of your vehicle.

3rd offense within 5 years

Administrative Penalties

  • Driver's license suspension: 3 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.
  • 5 days to 6 months in prison.
  • Forfeiture of your vehicle.

4th and subsequent offenses (no maximum time period)

Administrative Penalties

  • Interlock-restricted license for 10 years upon release from jail.
  • License reinstatement fee: $175.

Criminal Penalties

  • $3,000 to $10,000 fine.
  • 2 to 10 years in jail.

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 & 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 120 days.
  • Completion of an alcohol safety education course within 6 months.
  • A fine of $250.
  • Possible attendance at a victim impact panel.

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.
  • A fine of $1,000.
  • Completion of a drug and alcohol abuse treatment program.

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.