DUI Department

A driver who has been charged with the criminal offense of operating a vehicle while under the influence of alcohol or other impairing substance (DUI, §63-11-30) may have multiple sanctions against the driver’s license, possibly resulting in multiple suspensions. A license holder should be aware of the following issues related to a driver’s license for DUI offenses in the state of Mississippi:

Administrative Suspensions – Applicable to All DUI Offenses

• Lapse in Temporary License, 90-day suspension (§63-11-23)

At the time of the offense, the driver’s license should have been seized by a law enforcement officer. A receipt for the driver’s license should then be provided to the driver.  That receipt serves as a temporary permit to drive, and that permit is only valid for 30 days.  When the permit expires, the driver’s license will then be administratively suspended for 90 days, under §63-11-23. 

To stop this suspension from happening, the driver must contact the court, request a trial date, and request an extension of this driving permit.  If no contact with the court is made within 30 days to obtain a court order extending the temporary permit, driving privileges will be suspended for a period of 90 days.

• Refusal of Alcohol Concentration Testing (§63-11-23)

When a person refuses to submit to the chemical testing of that person’s breath, blood, or urine upon request of a law enforcement officer who has reasonable grounds and probable cause to believe a person has been operating a motor vehicle upon the public highways, public roads, and streets of Mississippi while under the influence of intoxicating liquor or any other substance that may impair a person’s mental or physical ability, the person’s Class R license shall be suspended for 90 days. CDL’s shall be suspended for 1 year for a refusal of chemical testing. (§63-1-216)

If the person has previously been convicted or non-adjudicated for a violation of 63-11-30, the person’s Class R license shall be suspended for 1 year.

To avoid a suspension of a Class R license, courts may issue an order to the driver for the ignition interlock-restricted license.

DUI Non-adjudications

“Non-adjudication” means that the court withholds adjudication of guilt and sentencing - upon the entry of a plea of guilt by the defendant or at the conclusion of a trial on the merits - and places the defendant in a non-adjudication program conditioned upon the successful completion of the requirements imposed. §63-11-30(14)

• Eligibility for nonadjudication

A person is eligible for non-adjudication of an offense under 63-11-30 only one (1) time under any provision of a law that authorizes non-adjudication.

The offender must:

• successfully complete all terms and conditions imposed by the court after placement of the defendant in non-adjudication program. 
• not be the holder of a commercial motor vehicle license (CDL) or learning permit at the time of the offense.

All documents should be mailed from the court within 5 business days of issuing the order of nonadjudication.  Drivers are encouraged to call the DPS DUI Department to ensure court documents have been received and entered on the driver’s record prior to appearing at the DL station to obtain any ignition interlock-restricted license

Suspensions Subsequent to Conviction

• DUI, 1^st offense

Upon conviction of a DUI, 1^st offense, a Class R license will be suspended for 120 days, absent a court order for the ignition interlock-restricted license.

Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years. 

To continue driving privileges instead of suspension, the court can order the driver to obtain the ignition interlock restricted license. Conditions of the ignition interlock restricted license are imposed under §63-11-31.

CDL holders shall be disqualified from driving a commercial motor vehicle for a period of one (1) year upon conviction of a first violation of operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in §63-11-30.  A driver can hold only one (1) active credential at a time; Commercial License (CDL) or Regular License (Class “R”).  Suspension time and court D.U.I convictions are determined according to the active license status that Mississippi Department of Public Safety has on file at the time of the traffic offense.      

• DUI, 2^nd offense

Upon a second conviction of a DUI, with the offenses being committed within a period of five (5) years, a Class R license will be suspended for 1 year, absent a court order for the ignition interlock restricted license.

• DUI, 3^rd offense

Upon a third conviction of a DUI, with the offenses being committed within a period of five (5) years, the offense is classified as a felony, and a Class R license will be suspended for the full period of the person’s sentence. Once released from incarceration, the person will be eligible for only an interlock-restricted license for three (3) years.

• DUI, 4^th or subsequent offense

Upon a fourth conviction of a DUI, without regard to the time period within which the violations occurred, the offense is classified as a felony, and a Class R license will be suspended for the full period of the person’s sentence. Once released from incarceration, the person will be eligible for only an interlock-restricted license for ten (10) years.

Suspension Start Times

All suspension times begin 45 days from the date the basis for the suspension is entered on the driver’s record at DPS.

Appeals

Any driver who appeals the judgment of either the municipal or justice court where the finding of guilt occurred must provide DPS with the file-stamped “Notice of Appeal” within 30 days of the date of conviction.

CDL Down-Grade to Class R License

CDL holders who have been suspended for any reason related to a violation of the implied consent law, including a conviction for DUI, remain ineligible to possess a valid CDL during the suspension time.

Should the CDL holder wish to surrender the CDL and downgrade to a Class R license, the suspension time will continue to run for the CDL. Any provisions of law made available to a Class R license holder remain available to the affected “former” CDL holder. Class “R” or regular license holders that are convicted for D.U.I may obtain a restricted license see (Restricted Licenses) below for further details.

Ignition Interlock-Restricted Licenses

Under §63-11-31, a court may order installation and use of an ignition-interlock device for every vehicle operated by a person convicted or non-adjudicated, and each device shall be installed and maintained for the period proscribed by the court.  The ignition-interlock restricted license should be required by the court in a written order.  The device is to be installed prior to the driver being suspended for the DUI conviction or non-adjudication.

A person who installs an ignition-interlock device must obtain an ignition-interlock restricted license.  In order to obtain an ignition-interlock restricted license, a person must be otherwise qualified to operate a motor vehicle and will be subject to all restrictions on the privilege to drive provided by law AND submit proof that an ignition interlock device was installed and is operating on all motor vehicles operated by the person.  Once the ignition-interlock device has been installed, the driver must take the vehicle to the Department of Public Safety for verification that the device was installed in order to obtain the ignition-interlock restricted license.

The following companies install ignition-interlock devices in vehicles in Mississippi.

You must contact these numbers and tell them your location and they will tell you the nearest location near you.

Alcohol Detection Systems - (888) 205-5431

Intoxalock – (888) 283-5899

Life Safer Superior Interlock Services, Inc. – (800) 377-8750

Smart Start – (800) 880-3394

FEES:

The ignition-interlock fee is to be paid when you obtain your ignition-interlock restricted driving license: $175.00.

Ignition-interlock restricted driver’s license: $56.00

Reinstatement fee to a regular driver’s license after a suspension related to the Implied Consent Law has been served: $175.00

RESOURCES:

MS Dept. of Mental Health – (877) 210-8513

MS Alcohol Safety Education Program (MASEP) – (662) 325-5520