Local DUI Laws

A DUI arrest in Mississippi comes with a range of penalties, but one of the most immediate concerns for drivers is whether their license will be automatically suspended. The short answer is yes, but the process is more complex than many expect. In Mississippi, license suspension can be initiated through administrative channels, criminal proceedings, or both—depending on how the case unfolds.

Understanding how and when a license suspension occurs is crucial for anyone facing DUI charges in Mississippi. Suspension can happen even before a conviction, based on implied consent laws and chemical test results. It’s also possible to lose your license from refusing to take a test, regardless of the final outcome in court.

In this blog post, we’ll break down how the license suspension process works after a DUI arrest, when it becomes automatic, and what options drivers have to respond. Knowing what to expect can help individuals avoid missed deadlines and navigate the administrative system more effectively.

Administrative vs. Criminal License Suspension in Mississippi

Mississippi handles DUI license suspension through two separate paths: administrative action by the Department of Public Safety (DPS) and criminal penalties imposed by the court.

• Administrative suspension is triggered automatically after a DUI arrest, especially if the driver fails or refuses a chemical test. This type of suspension can begin even before the criminal case is resolved.
• Criminal suspension results from a DUI conviction and may include additional or overlapping suspension time as part of the sentence.

The administrative process starts almost immediately after arrest. If a driver fails a breath, blood, or urine test, or refuses testing entirely, DPS is notified and a notice of suspension is issued. The driver then has a limited window (typically 10 days) to request a hearing to contest the suspension.

If no hearing is requested, or if the hearing does not reverse the suspension, the license is suspended on an automatic basis.

This dual-track system means that even if charges are dismissed later in court, the administrative suspension may still apply.

What Triggers an Automatic Suspension After a DUI Arrest?

Several situations lead to automatic license suspension in Mississippi under current DUI laws:

• Failing a chemical test: If a driver is found to have a blood alcohol concentration (BAC) over the legal limit (0.08% for most drivers), an automatic suspension is triggered.
• Refusing to take a test: Mississippi’s implied consent law means that drivers who refuse a chemical test automatically forfeit their driving privileges for a set period.
• Repeat DUI offenses: Drivers with prior DUI convictions may face longer automatic suspensions if arrested again.

In these cases, the Department of Public Safety begins the administrative suspension process, and the onus is on the driver to respond quickly if they want to challenge it.

Importantly, automatic does not mean permanent. There are mechanisms to contest or mitigate the suspension, but the driver must act within tight deadlines to preserve these options.

Deadlines and Hearing Requests: Responding to an Automatic Suspension

After receiving a notice of license suspension in Mississippi, drivers have a 10-day window to file a written request for an administrative hearing. This is a crucial step, as failing to request the hearing will result in the suspension becoming final.

During the hearing, the driver can present evidence or challenge the validity of the arrest or the chemical test results. However, the standard of proof is lower than in a criminal trial, and outcomes vary depending on the facts of the case.

Key considerations during this process:

• Hearings are limited in scope and focus primarily on whether the officer followed proper procedure.
• Drivers are not automatically granted full license restoration even if successful; other conditions may still apply.
• If the hearing is denied or not requested, the suspension takes full effect and runs for the period defined by the law.

Administrative hearings provide one of the few early opportunities to stop or delay a license suspension—but they require immediate action.

Refusal to Submit to Testing: Guaranteed Suspension

One of the most common reasons for automatic license suspension in Mississippi is refusal to take a chemical test. Under the state’s implied consent law, drivers are legally obligated to submit to a breath, blood, or urine test when lawfully requested by law enforcement.

Refusal results in an automatic suspension, regardless of whether the person is later convicted of DUI. The penalties are:

• 90-day suspension for first refusal
• One-year or longer for subsequent refusals

In addition to the suspension itself, refusal often eliminates eligibility for certain diversion or non-adjudication programs and may influence court sentencing if a conviction follows.

Mississippi takes a strict approach to test refusal as part of its strategy to deter impaired driving and streamline enforcement.

Ignition Interlock Options During Suspension

Drivers facing an automatic suspension may apply for an ignition interlock restricted license, depending on the circumstances. This allows limited driving, such as to work or medical appointments, but only if strict conditions are met:

• Completion of a portion of the suspension period (varies by case)
• Installation of an ignition interlock device
• Payment of administrative and device fees
• Proof of insurance (often SR-22)

This option is generally available to first-time offenders who submitted to testing. Those who refused the test or have multiple offenses may not qualify or may face stricter conditions.

Ignition interlock programs offer a pathway to limited driving privileges during suspension, but eligibility is determined case by case.

Criminal Conviction and Additional Suspension Periods

If the DUI charge results in a conviction, Mississippi courts may impose a separate suspension period as part of the sentence. This can be:

• 90 days for a first offense
• One year for a second offense
• Five years for a third or subsequent offense

These court-ordered suspensions may overlap with or extend the administrative suspension. In most cases, the longer of the two periods controls the total length of time the driver must remain off the road or restricted.

Reinstatement after a criminal suspension generally requires completion of:

• All sentencing requirements (e.g., education programs, fines)
• Payment of reinstatement fees
• Submission of proof of insurance and other documentation

Understanding that license suspension can occur both automatically and as a court penalty helps clarify the full scope of DUI consequences in Mississippi.

FAQ Section

Does Mississippi automatically suspend your license after a DUI arrest?
Yes. Failing or refusing a chemical test typically results in an automatic suspension through the Department of Public Safety, regardless of court outcome.

How long do I have to request a hearing to contest the suspension?
You have 10 days from the notice of suspension to request an administrative hearing. Missing this deadline means the suspension goes into effect automatically.

What happens if I refuse a breathalyzer in Mississippi?
Refusing a test triggers an automatic suspension—90 days for a first refusal and longer for subsequent refusals—even if you’re not convicted of DUI.

Can I drive during an automatic suspension?
Possibly. Some drivers may qualify for an ignition interlock restricted license, which allows limited driving if certain conditions are met.

Does a DUI conviction add more suspension time on top of the automatic suspension?
Yes. A court can impose additional suspension periods based on offense history, which may extend the time you are unable to drive legally.

Conclusion

In Mississippi, license suspension after a DUI is often automatic—especially in cases involving failed chemical tests or test refusals. The administrative process through the Department of Public Safety operates independently of the criminal case, meaning drivers may lose their licenses even before a court hearing. Understanding how the system works and acting quickly is crucial to avoid unnecessary penalties or loss of driving privileges.

To learn more about all DUI penalties and consequences in Mississippi, visit our full overview here: DUI Penalties and Consequences. For a focused look at license suspensions and driving restrictions, see License Suspension and Driving Restrictions After a DUI.