As in most states, the arrest of an individual for drunk driving in Mississippi results in two separate cases. The first is the criminal case which can result in jail time, fines, alcohol education programs and even jail time. The second case is with the Department of Motor Vehicles and the sole issue with this case is your privilege to drive. Since each case is seperate and independent from each other, it is quite possible to have the criminal charges dismissed or attain an acquittal and still have your license suspended through the case with the DMV.

The legal limit to operate a motor vehicle in Mississippi is .08%, and the limit is .04% for driving a commercial vehicle. If you are under 21, the limit is .02%.

When you are arrested in Mississippi for a DUI you have 10 days in which to request a hearing with the Mississippi DMV and save your driving privileges. The State will attempt to suspend your license for 90 days to 1 year if your chemical test resulted in .08% or higher or you refused to take the chemical test. This has nothing to do with the criminal side of your case and the State will automatically suspend your license unless you file a test refusal petition within 10 days of your arrest. The temporary license you receive at the time of your arrest is valid for only 45 days from the date of your arrest and unfortunately filing a test refusal petition does not extend that period. The hearing determines whether you can retain your license through your DUI case or if you lose your license prior to trial.

Mississippi has a 5 year washout period, meaning that the State cannot look beyond five years prior to your arrest to enhance any potential penalties. This is important because third offense cases in Mississippi will be treated as felonies.