Mississippi Traffic Laws: Points, Tickets, License Suspension and DUI
Mississippi driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for Mississippi
- Legal BAC limit
- 0.08 for drivers of legal drinking age; 0.02 for drivers under the legal drinking age; 0.04 for commercial motor vehicle drivers. Miss. Code Ann. § 63-11-30(1)(d)
- First-offense DUI penalties
- First DUI: fine of $250 to $1,000, up to 48 hours in jail, or both, plus completion of an alcohol safety education program (MASEP) within six months; the court may substitute a victim impact panel for the 48 hours in jail. Miss. Code Ann. § 63-11-30(2)(a); Mississippi DPS, DUI Department
Last verified: 2026-10-27
Tickets and points
| Traffic school | Some courts allow drivers to attend 'defensive driving school' or another class to keep a citation from appearing on the driving record. This is not available to holders of a commercial driver's license or commercial learner's permit, because federal and state law prohibit deferring judgments of driving offenses for CDL/CLP holders. Eligibility for non-CDL drivers is up to the court; no statewide rules were verified. |
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License suspension
| License suspension | The Driver Service Bureau lists the most common suspension reasons as: refusing a breath, blood or urine test; testing over the legal limit and not getting a court order extending driving privileges; a DUI conviction or non-adjudication; owing a court fee for a citation issued before July 1, 2019; failing to appear on an out-of-state citation; an unsatisfied civil judgment; noncompliance with a child support order; and convictions such as vehicular manslaughter or a felony involving a vehicle. To find which citations caused a suspension, contact the court that issued them or the Driver Service Bureau. |
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| Hardship or restricted license | The Driver Service Bureau does not issue hardship licenses for drivers affected by DUI. Instead, a court may order an ignition interlock-restricted license, which lets the driver keep driving a vehicle with an interlock device in place of a suspension (fees: $56 license, $175 installation verification). |
| Checking and reinstating a license | For license status questions, call the Driver Service Bureau at 601-987-1224. Reinstatement fees: suspension citation, failure to appear (FTA), failure to pay (FTP) and judgment reinstatements $100 each; DUI and drug reinstatements $175 each; child support reinstatement $25; CDL medical downgrade reinstatement $100 (payable only at a CDL driver license station). You may reinstate online only if all citations have been cleared by the court. Fees cannot be paid by phone: pay online, at a local driver license station, or by mail with a certified cashier's check or money order (no personal checks) to Driver Records Division/Reinstatement, P.O. Box 1459, Canton, MS 39046. If your license has been expired or suspended for over 60 months, you must retake the written test. Reinstatement questions: 601-487-7028. Online payment: https://www.ms.gov/dps/license_renewal/Reinstatement ; status: https://www.driverservicebureau.dps.ms.gov/node/197 ; FAQ: https://www.driverservicebureau.dps.ms.gov/frequently-asked-questions |
DUI / DWI
| Legal BAC limit | 0.08 for drivers of legal drinking age; 0.02 for drivers under the legal drinking age; 0.04 for commercial motor vehicle drivers. Source: Miss. Code Ann. § 63-11-30(1)(d) |
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| First-offense DUI penalties | First DUI: fine of $250 to $1,000, up to 48 hours in jail, or both, plus completion of an alcohol safety education program (MASEP) within six months; the court may substitute a victim impact panel for the 48 hours in jail. A qualifying first offense may be non-adjudicated (once only, and not for CDL/CLP holders). The regular license is suspended for 120 days unless the court orders an ignition interlock-restricted license for the 120 days; proof of insurance for three years is also required. Suspensions start 21 days after the court order. |
| When a DUI is a felony | DUI is a felony when: (1) it is a third conviction with the offenses committed within 5 years ($2,000 to $5,000 fine and 1 to 5 years); (2) it is a fourth or later conviction, regardless of when the earlier offenses happened ($3,000 to $10,000 and 2 to 10 years); (3) it is 'aggravated DUI' — negligently causing the death, mutilation, disfigurement or permanent disability of another person (5 to 25 years for each victim); (4) it is DUI child endangerment that is a third or later conviction, or that results in the serious injury or death of a child (5 to 25 years); or (5) a commercial driver's license holder operates a commercial vehicle at .08 or more. |
| Refusing a breath test | Refusing a breath, blood or urine test results in a 90-day suspension of a regular (Class R) license, or 1 year if the person has a prior DUI conviction or non-adjudication. A court may instead order an ignition interlock-restricted license. Separately, the temporary permit given at arrest is valid for 30 days; if the driver does not get a court order extending it, the license is suspended for 90 days. |
| DUI lookback period | 5 years for second and third offenses: a second DUI within five years is a misdemeanor with a $600–$1,500 fine and at least 5 days in jail, and a third within five years is a felony. A fourth DUI is a felony regardless of when the earlier offenses occurred. |
| How long a DUI stays on your record | A person convicted of a first-offense DUI who did not hold a commercial license or permit can petition the circuit court to expunge the conviction at least 5 years after completing the sentence, if they did not refuse a breath or blood test, tested below .16 (if results exist), have no other DUI conviction or pending charge, and have never had a DUI nonadjudication or expunction. Only one expunction is allowed, and the Department of Public Safety keeps a permanent confidential registry of expunctions to check eligibility and first-offender status later. A qualifying first offense can instead be nonadjudicated by the court. How long a DUI stays on the driving record was not found on an official page. |
| Sobriety checkpoints | Yes, they are used. The Mississippi Office of Highway Safety funds local agencies to conduct impaired-driving enforcement checkpoints during national 'Drive Sober or Get Pulled Over' periods and reports the number of checkpoints conducted. No Mississippi statute that authorizes or bans sobriety checkpoints was found. |
Phones and distracted driving
| Phone and texting laws | A driver of a moving motor vehicle may not write, send or read a text message, or access, read or post to a social networking site, using a hand-held mobile phone. Voice-operated or hands-free devices are not covered. A violation is a civil violation with a $100 penalty. The statute read does not ban hand-held calls for adult drivers. Source: Miss. Code Ann. § 63-33-1 |
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Where to get help in Mississippi
Traffic Tickets & DUI FAQ
Can traffic school remove a ticket or points in Mississippi?
Some courts allow drivers to attend 'defensive driving school' or another class to keep a citation from appearing on the driving record. This is not available to holders of a commercial driver's license or commercial learner's permit, because federal and state law prohibit deferring judgments of driving offenses for CDL/CLP holders.
How do I check if my license is suspended and get it reinstated in Mississippi?
For license status questions, call the Driver Service Bureau at 601-987-1224. Reinstatement fees: suspension citation, failure to appear (FTA), failure to pay (FTP) and judgment reinstatements $100 each; DUI and drug reinstatements $175 each; child support reinstatement $25; CDL medical downgrade reinstatement $100 (payable only at a CDL driver license station). You may reinstate online only if all citations have been cleared by the court. Fees cannot be paid by phone: pay online, at a local driver license station, or by mail with a certified cashier's check or money order (no personal checks) to Driver Records Division/Reinstatement, P.O. Box 1459, Canton, MS 39046. If your license has been expired or suspended for over 60 months, you must retake the written test. Reinstatement questions: 601-487-7028.
What gets your license suspended in Mississippi?
The Driver Service Bureau lists the most common suspension reasons as: refusing a breath, blood or urine test; testing over the legal limit and not getting a court order extending driving privileges; a DUI conviction or non-adjudication; owing a court fee for a citation issued before July 1, 2019; failing to appear on an out-of-state citation; an unsatisfied civil judgment; noncompliance with a child support order; and convictions such as vehicular manslaughter or a felony involving a vehicle. To find which citations caused a suspension, contact the court that issued them or the Driver Service Bureau.
What is the legal blood alcohol limit in Mississippi?
0.08 for drivers of legal drinking age; 0.02 for drivers under the legal drinking age; 0.04 for commercial motor vehicle drivers.
What is the penalty for a first DUI in Mississippi?
First DUI: fine of $250 to $1,000, up to 48 hours in jail, or both, plus completion of an alcohol safety education program (MASEP) within six months; the court may substitute a victim impact panel for the 48 hours in jail. A qualifying first offense may be non-adjudicated (once only, and not for CDL/CLP holders). The regular license is suspended for 120 days unless the court orders an ignition interlock-restricted license for the 120 days; proof of insurance for three years is also required. Suspensions start 21 days after the court order.
What happens if you refuse a breathalyzer in Mississippi?
Refusing a breath, blood or urine test results in a 90-day suspension of a regular (Class R) license, or 1 year if the person has a prior DUI conviction or non-adjudication. A court may instead order an ignition interlock-restricted license. Separately, the temporary permit given at arrest is valid for 30 days; if the driver does not get a court order extending it, the license is suspended for 90 days.
How long does a DUI count as a prior offense in Mississippi?
5 years for second and third offenses: a second DUI within five years is a misdemeanor with a $600–$1,500 fine and at least 5 days in jail, and a third within five years is a felony. A fourth DUI is a felony regardless of when the earlier offenses occurred.
Can you get a hardship license in Mississippi?
The Driver Service Bureau does not issue hardship licenses for drivers affected by DUI. Instead, a court may order an ignition interlock-restricted license, which lets the driver keep driving a vehicle with an interlock device in place of a suspension (fees: $56 license, $175 installation verification).
Is it illegal to hold your phone while driving in Mississippi?
A driver of a moving motor vehicle may not write, send or read a text message, or access, read or post to a social networking site, using a hand-held mobile phone. Voice-operated or hands-free devices are not covered. A violation is a civil violation with a $100 penalty.
Is a DUI a felony in Mississippi?
DUI is a felony when: (1) it is a third conviction with the offenses committed within 5 years ($2,000 to $5,000 fine and 1 to 5 years); (2) it is a fourth or later conviction, regardless of when the earlier offenses happened ($3,000 to $10,000 and 2 to 10 years); (3) it is 'aggravated DUI' — negligently causing the death, mutilation, disfigurement or permanent disability of another person (5 to 25 years for each victim); (4) it is DUI child endangerment that is a third or later conviction, or that results in the serious injury or death of a child (5 to 25 years); or (5) a commercial driver's license holder operates a commercial vehicle at .08 or more.
How long does a DUI stay on your record in Mississippi?
A person convicted of a first-offense DUI who did not hold a commercial license or permit can petition the circuit court to expunge the conviction at least 5 years after completing the sentence, if they did not refuse a breath or blood test, tested below .16 (if results exist), have no other DUI conviction or pending charge, and have never had a DUI nonadjudication or expunction. Only one expunction is allowed, and the Department of Public Safety keeps a permanent confidential registry of expunctions to check eligibility and first-offender status later. A qualifying first offense can instead be nonadjudicated by the court. How long a DUI stays on the driving record was not found on an official page.
Are DUI checkpoints legal in Mississippi?
Yes, they are used. The Mississippi Office of Highway Safety funds local agencies to conduct impaired-driving enforcement checkpoints during national 'Drive Sober or Get Pulled Over' periods and reports the number of checkpoints conducted.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.