Mississippi DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Mississippi
Mississippi DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Mississippi, the law allows only 10 days for a Mississippi DUI Lawyer to make a request with the Mississipi Department of Public Safety for a hearing to help save your drivers license.
What are the penalties for DUI in Mississippi?
The penalties for driving under the influence in Mississippi will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
MS DUI Penalties
Mississippi is a state with a 5 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in Mississippi:
- Fine: $250 to $1,000 fine
- Jail: up to 48 hours in jail
- License Suspension: 90 days to 1 year drivers license suspension (may be eligible for hardship driving privileges after first 30 days of suspension)
- minimum 10 hours attendance to driver education program
- MS SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense in Mississippi:
- Fine: $600 to $1,500 fine
- Jail: 5 days to 1 year in jail
- License Suspension: 2 years drivers license suspension (may be eligible for re-instatement of driving privileges after 1 year if court approved treatment program completed)
- Ignition Interlock: minimum 6 months ignition interlock restriction upon license re-instatement
- 10 days to 1 year community service work
- impoundment and sale of vehicle OR ignition interlock restriction during period of suspension if other licensed drivers are dependent on the vehicle
- alcohol/drug abuse assessment and treatment as required
- MS SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense in Mississippi:
- Fine: $2,000 to $5,000 fine
- Jail: 1 to 5 years in jail
- License Suspension: 5 years drivers license suspension (may be eligible for re-instatement of driving privileges after 3 years if court approved treatment program completed)
- Ignition Interlock: minimum 6 months ignition interlock restriction upon license re-instatement
- impoundment and sale of vehicle OR ignition interlock restriction during period of suspension if other licensed drivers are dependent on the vehicle
- alcohol/drug abuse assessment and treatment as required
- MS SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Mississippi and implied consent laws are enforced.
In Mississippi, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
- License Suspension: 90 days to 1 year drivers license suspension
- MS SR22 Insurance (proof of financial responsibility) Requirement
Second chemical test refusal
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: minimum 6 months ignition interlock restriction upon license re-instatement
- MS SR22 Insurance (proof of financial responsibility) Requirement
Third (and subsequent) chemical test refusal
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: minimum 6 months ignition interlock restriction upon license re-instatement
- MS SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Mississippi
The maximum legal BAC (blood alcohol content) limits in Mississippi for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Mississippi it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Mississippi it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Mississippi it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Mississippi and implied consent laws are enforced.
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