Mississippi DUI License Suspensions

Any person who operates a motor vehicle upon the public highways, roads, and streets of the state of Mississippi is deemed to have given his/her consent to a chemical test or tests of his/her breath, blood, and/or urine for the purpose of detecting the presence of alcohol and/or drugs therein.

The test or tests must be administered at the direction of a law enforcement officer having reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways while under the influence of intoxicating liquor or any other substance which had impaired such person's ability to operate a motor vehicle.

The officer must inform the person that failure to submit to chemical testing of his/her breath will result in the suspension of his/her license or privilege to drive in the state for a period of 90 days if the person has no previous DUI convictions, or for a period of 1 year if the person has previous DUI convictions on his/her record.

Persons who are unconscious or dead as a result of an accident, unconscious at the time of arrest or when the test is to be administered, and those otherwise incapable of refusal will be given a blood test. The arresting officer must have reasonable grounds to believe the person was driving a motor vehicle while under the influence of intoxicating liquor. The results of the blood test will not be used in evidence against the person without the consent of the person so tested, or, if deceased, the person's legal representative. However, a person's refusal to allow the blood test evidence to be used in criminal actions against the person will result in the suspension of his/her driver's license for a period of 90 days.

The Mississippi DUI Administrative License Suspension Process

If a person arrested for DUI in the state of Mississippi submits to a chemical test that reveals a blood alcohol content (BAC) of .08 or more (or .02 or more if under the age of 21, or .04 or more if the driver was operating a commercial vehicle), the officer will seize the person's license and give the driver a receipt for his license on a special form that will serve as a temporary driving permit. The officer will forward a notice and the license to the Commissioner informing them that the person submitted to chemical testing that revealed an unlawful BAC. If the person arrested requests a trial within 30 days, then one will be held to determine whether a license suspension will be proper. If no trial is requested within the 30 day time period, the Commissioner or his agent will suspend the person's license for a period of 90 days if the person has no previous DUI convictions, or a period of 1 year if the person has had a previous DUI conviction.

If the chemical test was refused, no test will be given. The officer will seize the person's driver's license and forward it, along with a report, to the Commissioner of Public Safety notifying him that the person arrested refused to submit to chemical testing after being informed that his/her license would be suspended or denied for refusing to submit to such testing. The Commissioner or his authorized agent will then notify the person arrested that his/her license will be suspended 30 days after the date of the notice in accordance with the penalties listed below.

Appealing a Mississippi License Suspension After A DUI

The person has a right to request a hearing to contest the license suspension. A request for a hearing must be made within 10 days following the receipt of the notice of suspension. At the hearing, the a hearing officer will determine whether the license suspension was proper.

If the Commissioner of Public Safety or his authorized agent determines that the license suspension was proper, the person whose license was suspended may file a request for appeal in the circuit or county court for review. The request for an appeal must be made within 10 days of the Commissioner's determination, however, or the right to appeal will be considered "waived." If an appeal is properly and timely requested, a new trial will take place before the court without a jury.