Mississippi DUI Penalties

Implied Consent Laws

Laws requiring drivers supposed of driving under the influence to admit to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Denial carries penalties that can include obligatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Mississippi, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this confirmation is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” centre on drivers not of legal drinking age. In Mississippi, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more rigorous punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instant of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Mississippi.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Mississippi’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning short-lived or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Mississippi, for the opening DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either undyingly or temporarily - is a likelihood in some states, typically for repeat offenders. This is not a penalty option in Mississippi.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a opportunity in some states, this is not an option in Mississippi.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol instruction and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug addiction can be required for DUI offenders in Mississippi. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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