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Frequently Asked Questions about Driving Under the Influence

Q: What is the legal blood alcohol concentration (BAC) in Mississippi?

A:For drivers over the legal drinking age of twenty-one years old, Mississippi follows the national standard of 0.08% as the BAC limit. Mississippi has a zero tolerance policy that makes the BAC limit 0.02% for drivers under twenty-one.

Q: What is the penalty for a DUI in Mississippi?

A:The penalty for DUIs in Mississippi depends on whether you have prior offenses. Your first DUI could carry a ninety-day license suspension, a $250-1,000 fine, and/or up to forty-eight hours in jail. Your second offense could mean a two-year license suspension, a $600-1,500 fine, and/or up to one year in jail. A third offense could land you with a five-year license suspension, a $2,000-5,000 fine, and/or up to five years in jail. A fourth or any subsequent offense could come with a $3,000-10,000 fine and two to ten years in jail.

Q: Do I have to take a chemical sobriety test?

A:Mississippi has what is called an “implied consent law” meaning that the state assumes your consent to a chemical test because you chose to drive on its public roads. A police officer can administer a chemical test when he or she has probable cause (a reasonable and articulable belief) that you are driving under the influence, and your refusal is punishable by a license suspension. You can, however, request to have a blood or urine test which may be more accurate than a portable breathalyzer.

Q: Do I have to stop at a police roadblock or “DUI checkpoint”?

A:In matters of public safety, police are allowed to set up a road block in which all drivers will have to stop and interact with officers, even without specific probable cause that any of the drivers are breaking the law. You must comply with police in stopping at a checkpoint, however, you may perform any legal maneuver to change routes or turn around before driving into a checkpoint. Learn more in the Mississippi Code Annotated § 63-11-1 et al.

Disclaimer: These codes may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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