• State Penal Code – MS Code 63-11-30
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – Yes – Weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Mississippi are:

1st Refusal

• 90 day license suspension

2nd Refusal

• 90 day license suspension (this increases to 1 year if you have a prior conviction)

3rd Refusal

• 1 year license suspension

• In Mississippi the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 90 day license suspension

• $250 fine
• must complete state alcohol safety program (MASEP)

2nd Offense

• 1 year license suspension
• $500 fine
• must complete state approved alcohol safety program (MASEP)

1st Offense

• license suspension (90 day minimum)

• $250 – $1000 fine

• Prison (48 hour maximum, at judges discretion)
• must complete state alcohol safety program (MASEP)
• Installation of Ignition Interlock Device

2nd Offense

• 2 year license suspension

• $600 – $1500 fine

• Prison (5 day minimum, 1 year maximum)
• Community Service (10 day minimum, 1 year maximum)
• Installation of Ignition Interlock Device

• There are no established guidelines for high BAC DUI/DWI in Mississippi
• Generally, the term Aggravated is used in reference to a violation that caused an accident that resulted in injury or death.

• The Mississippi Alcohol Safety Education Program (MASEP) is the official state program for educating and rehabilitating DUI/DWI offenders.
• MASEP is primarily for first time offenders
• The program takes a two pronged approach to preventing DUI/DWI recidivism
• These are Operations Unit, and the Research and Development Unit. These two entities combine to form a powerful and effective education curriculum, as well as a treatment and rehabilitation model to address underlying chemical dependency
• This program must be completed in order for you to regain any driving privileges, regardless of whether the suspension period has elapsed.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe.
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Mississippi an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of *3-5 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

*The actual length of time will depend on the nature of your violation

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Mississippi does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply