Mississippi has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Mississippi Department of Public Safety
Mississippi is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 90 days. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Mississippi allows you to install an interlock device in lieu of suspension time after 30 days.
Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Mississippi, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher on a second offense.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: up to 48 hours in jail, fines up to $1,000, license suspension from 90 days up to 1 year. Driver education program. Restricted driving privileges may be reinstated after 30 days with the installation of an interlock ignition device.
- Second Offense – Misdemeanor: 5 days to 1 year in jail. $600 to $1,500 in fines, license suspension for up to 2 years (may be eligible for reinstatement of driving privileges after 1 year if court-approved treatment program completed), minimum 6 months ignition interlock upon license reinstatement, 10 days to 1 year community service, vehicle impound and sale of vehicle OR ignition interlock restriction during period of suspension if other licensed drivers are dependent on the vehicle, and alcohol/drug abuse assessment and treatment as required.
- Third and Subsequent Offense – Felony: 1 to 5 years in jail, $2,000 to $5,000 in fines, 5-year license suspension, (may be eligible for reinstatement of driving privileges after 3 years if court-approved treatment program completed), minimum 6 months ignition interlock restriction upon license reinstatement, impoundt and sale of vehicle OR ignition interlock restriction during period of suspension if other licensed drivers are dependent on the vehicle, and alcohol/drug abuse assessment and treatment as required.