Mississippi DUI Laws
Created by FindLaw's team of legal writers and editors | Last updated March 12, 2018
Mississippi Operating Under the Influence Laws
Driving provides us the freedom to move about our surroundings with relative ease and convenience. Having a car can unlock the key to a job, recreational activities, and more. But the right to drive comes with some major responsibilities. One of those responsibilities is to drive your vehicle safely, following all Mississippi traffic laws, and never drive after you have been drinking alcohol or taking drugs.
In Mississippi, operating a motor vehicle while under the influence (OUI) can have huge consequences including loss of your driving privileges, huge fines, and even jail time, depending on the severity of the offense. OUI occurs when a person is operating a motor vehicle and is under the influence of alcohol or drugs, a combination of the two or has a blood alcohol concentration of 0.08 percent or higher while driving.
Mississippi Alcohol Safety Education Program (MASEP) Requirement
Under Mississippi law, if a driver is convicted or pleads to a DUI , he or she is required to attend and complete a MASEP course. There is a fee associated with the class and a driver will not be eligible to reinstate their driving privileges until the course is complete.
No Enhanced Penalty for High Blood Alcohol Concentration
Most states impose an enhanced penalty on drivers who have operate their vehicles with a certain blood alcohol concentration (BAC) in their systems. This is typically 0.15 to 0.20 percent above the legal limit of 0.08 BAC. However, Mississippi is one of the few states that does not impose more rigorous punishment for drivers with a high BAC at the time of driving.
This chart lays out the basics of Mississippi OUI laws:
Mississippi DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | None |
| Implied Consent to Submit to BAC Test? | Yes |
Mississippi DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 90 days minimum (30 days for hardship exception) / 2 years (reduction possible) / 5 years (reduction possible) |
| Mandatory Alcohol Education, Assessment and Treatment | Yes |
| Vehicle Confiscation Possible? | Yes |
| Ignition Interlock Device Possible? | Yes (discretionary for first offenders; mandatory for repeat offenders) |
Mississippi DUI Resources:
- Mississippi DUI Statute: Operating under the Influence (Miss. Code 63-11-30); OUI Impoundment and Ignition Interlock (Miss. Code 63-11-31).
- Mississippi Alcohol Safety Education Program - The alcohol education program required for many DUI offenders (MASEP).
- Substance Abuse Services - Overview of services provided through a statewide network, including state-operated facilities, community mental health centers, and other nonprofit programs (Miss. Dept. of Mental Health).
Get Professional Help From a Mississippi DUI Lawyer
You have the option of representing yourself in a DUI case. But because a DUI conviction can negatively impact your ability to drive, your insurance rates, and your criminal record, it is advisable to seek professional legal advice. A Mississippi DUI attorney can analyze your unique arrest details and look for any potential flaws in your case to assist you in getting the best possible outcome.
Next Steps
Contact a qualified DUI attorney to make sure your rights are protected.