Mississippi DUI Laws: Understanding Penalties, Requirements, and Recovery Steps
Mississippi takes a tough stance on impaired driving with a zero-tolerance policy for drivers under 21 and strict penalties that increase with each offense. The state refers to drunk driving offenses as DUI (Driving Under the Influence) and applies specific procedures for both administrative and criminal penalties following an arrest.
Getting Started
If you’re arrested for DUI in Mississippi, you face both administrative penalties through the Department of Public Safety and criminal charges through the court system. You will likely need a DUI lawyer, or a court-appointed public defender if you qualify.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Mississippi’s legal term for Driving Under the Influence of alcohol or drugs.
SR-22
A certificate of insurance that satisfies financial responsibility laws that may be required after a DUI to prove you have at least the minimum required liability auto insurance coverage.
IID (Ignition Interlock Device)
A breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected on your breath.
Mississippi Department of Public Safety
The Mississippi Department of Public Safety is the state agency responsible for handling administrative license suspensions and revocations, DUI records, and ignition interlock device monitoring. The Driver Service Bureau within DPS manages license reinstatements and maintains driving records related to DUI offenses.
Steps to Take After DUI Arrest in Mississippi
- Hire an Attorney
Legal counsel can help navigate both the administrative license suspension and criminal court processes.
- License Suspension
Your driver’s license will be suspended based on the results of your chemical test or refusal. The suspension begins 30 days after notice if the driver does not timely request trial/relief.
- Request an Administrative Hearing
If you wish to contest your license suspension, you must request a hearing with the Department of Public Safety within 30 days from the time your license is seized.
- See if You Qualify for Interlock‑Restricted Driving
In some cases, a court order and compliance with ignition‑interlock requirements can allow limited driving during a suspension. Eligibility is governed by Mississippi’s interlock‑restricted license law and Department of Public Safety rules.
- Install an Ignition Interlock Device
For certain offenses, an ignition interlock device may be required to maintain or regain driving privileges.
Explore IIDs - File an SR-22 Form
This insurance form is proof of financial responsibility that may be required for license reinstatement after a DUI in Mississippi.
- Complete Substance Abuse Evaluation
You’ll need to undergo an assessment and complete any recommended treatment programs through the Mississippi Alcohol Safety Education Program (MASEP).
- Pay Fines and Fees
DUI convictions come with significant fines plus additional court costs and reinstatement fees.
- Complete DUI Education Program
The MASEP program is mandatory for first-time and repeat DUI offenders in Mississippi.
- Attend Court Proceedings
Your criminal case will proceed through the court system independently from the administrative license suspension.
- Probation
If convicted, you may be placed on probation with specific terms and conditions.
- Avoid Further Violations
Additional DUI offenses during probation or any new violation while driving on a restricted license will result in enhanced penalties.
DUI Laws in Mississippi
What Are the Legal Driving Alcohol Limits in Mississippi?
In Mississippi, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police officers often use breathalyzers to check your Breath Alcohol Concentration (BrAC).
| Driver Category | Illegal BAC Limit |
| 21 and older | 0.08% or higher |
| Commercial Drivers (CDL) | 0.04% or higher |
| Under 21 | 0.02% or higher (zero tolerance) |
Felony vs Misdemeanor DUI Charges
In Mississippi, DUI offenses can be classified as either misdemeanors or felonies depending on the circumstances and prior convictions.
First and second DUI offenses within a five-year period are typically charged as misdemeanors. These carry less severe penalties, including shorter jail time and lower fines.
A third DUI offense within a five-year period is charged as a felony in Mississippi. Felony DUIs involve longer jail sentences, higher fines, and longer license suspensions.
Additionally, DUI can be charged as a felony if it is a third offense within five years or fourth or subsequent offense, or if it meets the aggravated DUI standards for causing death or certain serious injuries.
What Are Drunk Driving Diversion Programs in Mississippi?
If you’re charged with a first-time DUI in Mississippi you may qualify for a special program that helps you avoid a conviction with your charges being dismissed if you meet certain conditions. This option is only allowed in specific cases and depends on the judge’s decision. To meet the court’s requirements and get your full driver’s license back, you must complete the Mississippi Alcohol Safety Education Program (MASEP) and fulfill all your other DUI penalties.
Refusing a Chemical Test Under Mississippi DUI Law
Mississippi operates under implied consent law. When you drive on Mississippi roads, you implicitly agree to chemical testing if arrested for suspected DUI. Refusing a breath, blood, or urine test can trigger a separate administrative license suspension, even if the DUI charge is later reduced or dismissed.
| Refusal Consequences | Duration/Penalty |
| License suspension (1st refusal) | 90 days suspension |
| License suspension (if you have a prior DUI conviction or are a diversion program participant) | 1 year suspension |
| Potential for immediate arrest | Yes |
| Can be used as evidence in court | Yes – refusal can be mentioned at trial |
DUI Penalties & Consequences
Penalties for DUIs in Mississippi become progressively severe with each conviction.
Penalties for DUI Offenses in Mississippi
1st Offense
Jail Time: Up to 48 hours
Fines: $250-$1,000
License suspension after jail release: 120 days
Other Requirements: MASEP course
2nd Offense
Jail Time: 5 days to 6 months
Fines: $600-$1,500
License suspension after jail release: 1 year
Other Requirements: MASEP course, possible IID
3rd Offense
Jail Time: 1-5 years (felony)
Fines: $2,000-$5,000
License suspension after jail release: For the full incarceration sentence. Interlock-restricted for 3 years after.
Other Requirements: MASEP course, IID required
4th+ Offense
Jail Time: 2-10 years (felony)
Fines: $3,000-$10,000
License suspension after jail release: For the full incarceration sentence. Interlock-restricted for 10 years after.
Other Requirements: MASEP course, IID required
Aggravating Factors That Increase Mississippi DUI Penalties
In Mississippi, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, and extended license suspensions:
- Having a BAC of 0.15% or higher
- Having a child under 16 in the vehicle at time of the offense
- Causing an accident resulting in injury or death while under the influence
- Refusing to submit to chemical testing
- Driving on a suspended license due to a previous DUI
- Multiple prior DUI convictions within a five-year period
- Driving without required insurance
Driving Without a Valid License
Driving while your license is suspended for DUI is a separate offense that can result in arrest, additional fines, possible jail time, and an extension of your suspension or delay in reinstatement.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Mississippi, two separate entities determine your driving privileges after a DUI.
The Mississippi Department of Public Safety handles administrative license suspensions, which occur automatically upon arrest if you fail or refuse a chemical test. The DPS Driver Service Bureau oversees the administrative hearing process, license suspensions, reinstatements, and restricted driving privileges.
Mississippi’s criminal court system imposes separate criminal penalties, including additional license suspensions or revocations based on conviction. Court-ordered suspensions may run concurrently with or consecutive to administrative suspensions.
How Long Will Your License Be Suspended?
Getting your license suspended in Mississippi means you are no longer allowed to drive a vehicle, unless you obtain a restricted license during your suspension period. Here’s how long your regular license may be suspended after a DUI in Mississippi:
| Offense | Suspension Period |
| 1st Offense | 120 days unless the court or DPS authorizes an interlock‑restricted license instead. |
| 2nd Offense (within 5 years) | 1 year |
| 3rd Offense (within 5 years) | 3rd Offense – License suspended for the full length of the court sentence; after release, the driver is eligible only for an interlock-restricted license for three years. |
| 4th Offense | 4th or Subsequent Offense – License suspended for the full length of the court sentence; after release, the driver is eligible only for an interlock-restricted license for ten years (with possible court-ordered drug testing if drugs other than alcohol were involved). |
Steps to Reinstate Your License
- Serve suspension period fully
- Pay reinstatement fees ($175 standard fee)
- Submit SR-22 as proof of insurance coverage, if required
- Complete the Mississippi Alcohol Safety Education Program (MASEP)
- Install an IID if mandated by court or administrative order
- Pass the driver’s license examination again, in some cases
Restoring Your Driving Privileges
After a DUI conviction in Mississippi, restoring your driving privileges requires meeting specific requirements and following a structured process. Understanding your eligibility for restricted driving privileges and the steps needed for full reinstatement is essential.
Eligibility for an Interlock-Restricted Driver’s License
Some DUI offenses may be eligible to drive under an interlock-restricted license if approved by the court and the Department of Public Safety. To qualify, you:
- Must demonstrate legitimate need for driving privileges (employment, education, medical necessities)
- Must have completed or be enrolled in the MASEP program
- Must comply with all ignition interlock requirements if applicable
How to Apply for Temporary Restricted Driver’s License
- Install an ignition interlock device on all vehicles you operate (if required)
- Submit proof of enrollment or completion of the MASEP program
- Provide documentation of need (employment verification or medical necessity)
- Pay applicable fees, including a restricted license fee
- Submit application in person at a Driver Service Bureau office
Mississippi Ignition Interlock Device (IID) Requirements
Mississippi law authorizes and, in some situations, requires ignition interlock-restricted licenses for people convicted of DUI who want to regain or keep limited driving privileges. The IID program is administered by the Mississippi Department of Public Safety and requires strict compliance with all regulations.
Courts and the Department of Public Safety may require an IID as a condition of driving for situation such as:
- To allow driving privileges for DUI offenses
- First-time offenses with a BAC of 0.15% or higher
- Drivers who refused chemical testing (in some cases)
- Anyone seeking an interlock-restricted license after certain DUI convictions
The installation must be performed by a state-approved vendor, and the device must be calibrated regularly. Violations such as tampering with the device or attempting to circumvent it can result in additional penalties. You must pay the cost of installation and monthly maintenance fees. The required duration of IID use corresponds to the license suspension period.
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
After a DUI‑related license suspension under Mississippi’s implied consent laws, you may have to file proof of financial responsibility in the form of an SR‑22 certificate before your license can be reinstated. The SR-22 typically must be kept in place for three years under Mississippi’s financial‑responsibility rules.
If you are required to file an SR-22 in Mississippi after a DUI:
- Contact your auto insurer or an SR-22 authorized insurance company and ask them to file an SR-22 certificate with the Mississippi Department of Public Safety on your behalf.
- Expect that your premiums may increase as insurance companies will likely classify you as a high-risk driver for several years.
- Keep the SR-22 in force continuously for the full period required; a lapse in coverage can lead to another license suspension.
- Confirm your specific reinstatement conditions (including SR-22 duration and any fees) with the Department of Public Safety before you drive again.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Mississippi requires anyone convicted of drunk driving to complete the Mississippi Alcohol Safety Education Program (MASEP). This program includes:
- A comprehensive substance abuse evaluation
- Education about the dangers of impaired driving
- Group and individual counseling sessions
- Development of a personalized risk reduction plan
MASEP consists of four weekly sessions that last approximately 2-3 hours each and cost approximately $225 – $275. The program must be completed at an approved facility. Failure to complete the program will prevent license reinstatement. For second and subsequent offenders, more intensive treatment may be required in addition to the standard MASEP program.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Mississippi
How much does a DUI cost in Mississippi?
A first-time DUI in Mississippi typically costs between $5,000 and $10,000 with fines, court costs, MASEP fees, IID requirements, SR-22 filings, and insurance increases.
Can I drive to work after a DUI in Mississippi?
You can possibly drive to work after a DUI in Mississippi if you qualify for an interlock-restricted license and meet all requirements, including potential IID installation.
Will a DUI affect my commercial driver’s license in Mississippi?
A DUI may affect your commercial driver’s license in Mississippi. CDL holders face stricter penalties and may lose their commercial license for a year or more, even for a first offense.
How long does a DUI stay on my record in Mississippi?
DUI convictions in Mississippi remain on your driving record for five years for purposes of enhanced penalties, but remain permanently on your criminal record.
Sources
- Mississippi Legislature. House Bill 292, 2024 Regular Session. Accessed December 15, 2025. https://billstatus.ls.state.ms.us/documents/2024/html/HB/0200-0299/HB0292IN.htm
- Mississippi Legislature. Miss Code Ann § 63-11-30: Operating a vehicle while under influence of alcohol or other drugs; penalties; zero tolerance for minors; DUI test refusal; aggravated DUI; DUI child endangerment; expunction; nonadjudication. Mississippi Code 1972 (2024). Accessed December 15, 2025. https://law.justia.com/codes/mississippi/title-63/chapter-11/section-63-11-30
- Mississippi Department of Public Safety. Driver Records/DUI Department. Accessed December 15, 2025. https://www.driverservicebureau.dps.ms.gov/DriverRecords/DUI_Department
- FindLaw. What are the Mississippi DUI laws? Accessed December 15, 2025. https://www.findlaw.com/state/mississippi-law/what-are-the-mississippi-dui-laws.html
- National College for DUI Defense. Mississippi DUI/OUI laws. Accessed December 15, 2025. https://www.ncdd.com/mississippi-dui-oui-laws
- Secretary of State of Mississippi. Administrative Code proposed rules. Accessed December 15, 2025. https://sos.ms.gov/ACProposed/00020768b.pdf
- Mississippi Alcohol Safety Education Program. MASEP. Accessed December 15, 2025. https://masep.org
- Mississippi Bar Association. Driving under the influence. Accessed December 15, 2025. https://www.msbar.org/for-the-public/consumer-information/driving-under-the-influence
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