Mississippi DUI State Law

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Mississippi DUI Laws

Mississippi Implied Consent Law
Mississippi Look Back Period
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Mississippi DUI laws make it clear the time is of the essence. If you are arrested for DUI, your license could be quickly suspended. The Mississippi DMV will send a notice within days to automatically suspend your license if you fail to respond within 10 days to request a hearing. It is critical that you contact a Mississippi DUI lawyer as quickly as possible to help you through these proceedings. They may be able to help reduce or get your charges dropped.

Blood Alcohol Concentration in Mississippi

In Mississippi, DUI laws state that the violation limit for blood alcohol concentration level is .08 percent.

  • If you are under 21, a blood alcohol limit of .02 percent is in place, though any amount of alcohol could trigger a criminal charge.
  • If you are a commercial driver, a blood alcohol limit of .04 percent is in place.

If you are found to have a blood alcohol level above these levels, or if you refuse a chemical test, you will face charges. Filing a request for a Test Refusal Petition may allow you to receive a special license good for just 45 days or until your ruling is heard. This hearing is only in front of a judge and it is a one shot opportunity to prove your case. Using a Mississippi DUI lawyer is critical to winning.

Mississippi does not have an enhanced law for high BAC levels.

Mississippi Implied Consent Law

Under Mississippi's implied consent law, all drivers agree to take chemical tests, such as blood, alcohol or breath, to determine if they are intoxicated, if a police officer has reason to believe they are.

If you refuse to submit to a chemical test when required, this will result in an immediate suspension of your driver's license for 90 days. If you have refused on prior occasions, this will result in a 1-year suspension.

Look Back Period

Mississippi has a look back period or washout period of five years. This means, that if a second DUI conviction occurs within five years of the first, this warrants a second offense, a more serious charge. The look back period of five years also applies to third offenses.

Mississippi DUI Laws: 1st Offense

A first offense of Mississippi DUI laws will result in the following penalties:

  • Up to a $1000 fine
  • Jail time for a minimum of 48 hours
  • Must attend and complete an alcohol safety program or attend a victim impact panel
  • Driver's license suspension for at least 90 days
  • Charged with a misdemeanor

Mississippi DUI 2nd Offense:

A second offense is when you are charged with a second conviction within 5 years. Here, the Mississippi DUI penalties include:

  • Fines up to $1500
  • A minimum of 5 days as much as 1 year in jail
  • Community service work of at least 10 days, up to 1 year
  • Drivers license suspension for 3 years
  • Charged with a misdemeanor

Mississippi DUI 3rd Offense

A third offense occurring in 5 years, will warrant the following penalties:

  • You will be charged with a FELONY
  • You will pay fines up to $5000
  • You will serve a minimum of 1 year, up to 5 years in JAIL
  • There is no allowance for the court to reduce sentencing
  • Vehicle forfeiture is required
  • Driver's license is suspended for 5 years
  • Hire a Mississippi DUI Lawyer


The Mississippi DUI laws are very strict. There is no reason to fight them alone when qualified Mississippi DUI lawyers can help you to get charges reduced or dropped. You could receive fewer restrictions on your license, or less jail time and fees. The key is to work with a qualified attorney who can ensure you get the best results possible.

Contact Mississippi Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Mississippi:

  • Biloxi
  • Brandon
  • Brookhaven
  • Canton
  • Clarksdale
  • Cleveland
  • Clinton
  • Columbus
  • Corinth
  • Greenville
  • Greenwood
  • Grenada
  • Gulfport
  • Hattiesburg
  • Jackson
  • Laurel
  • Lucedale
  • Madison
  • Mccomb
  • Meridian
  • Natchez
  • Ocean Springs
  • Olive Branch
  • Oxford
  • Pearl
  • Philadelphia
  • Picayune
  • Ridgeland
  • Southaven
  • Starkville
  • Tupelo
  • Vicksburg
  • Yazoo City
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