Mississippi DUI License Suspension: Timelines, Penalties, and Reinstatement
The Dual-Track System
A Mississippi DUI triggers two separate suspension tracks that run at the same time — one administrative, one criminal. Understanding both is critical because they have different timelines, different deadlines, and different reinstatement requirements.
Administrative track (Implied Consent Law, § 63-11-23): At the time of arrest, the officer seizes your physical license and issues a temporary driving permit valid for 30 days. If you failed the chemical test (BAC of 0.08% or higher) or refused testing, a 90-day administrative suspension begins automatically when the temporary permit expires.
Criminal track (§ 63-11-30): The court-imposed suspension depends on the conviction. First offense: 120-day suspension. Second offense within five years: one-year suspension. Third and subsequent felony offenses carry suspensions matching the incarceration sentence.
The 10-Day Rule for the Administrative Suspension
To contest the administrative suspension, file a written request for an administrative hearing with DPS within 10 days of the arrest. This is a strict administrative deadline.
To seek an extension of the temporary driving permit while the criminal case is pending, petition the court within the initial 30-day permit period. After a failed chemical test (BAC of 0.08% or higher for adults) or refusal, the 90-day administrative suspension begins when the temporary permit expires.
Suspension Periods
| Offense | Suspension Length |
|---|---|
| First DUI (Class R) | 120 days |
| Second DUI (within 5 years) | 1 year |
| Third+ DUI (felony) | Matches incarceration sentence |
| Chemical test refusal | 90 days (administrative) |
These are minimum periods. If you have other holds on your record — an unresolved FTA, a child support suspension, an out-of-state hold — the DUI suspension is just one layer. All holds must be cleared independently.
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How to Get Your License Back After a DUI
The reinstatement process has four mandatory steps, and they must be completed in this order:
1. Serve the mandatory suspension period stated for your offense.
2. Complete MASEP. The Mississippi Alcohol Safety Education Program is a 12-hour course across four weekly sessions. Cost: $225 for in-state attendance, $275 for the verified online version (out-of-state residents only). Enroll at masep.org or call 662-325-3423. Verify that MASEP transmits your completion certificate to DPS — don't assume it happened.
3. File an SR-22. Contact your auto insurer and have them file an SR-22 certificate of financial responsibility with DPS. This proves you carry at least Mississippi's 25/50/25 minimum liability coverage. The SR-22 must remain active for three consecutive years without any lapse. One day of lapsed coverage resets the three-year clock entirely.
4. Pay the $175 DUI reinstatement fee. Pay online through the DPS Reinstatement Portal or by money order to P.O. Box 1459, Canton, MS 39046. Do this only after MASEP and the SR-22 are confirmed on file with DPS.
Driving During a DUI Suspension: The Interlock Option
Mississippi does not issue adult hardship licenses. But if you need to drive during a DUI suspension, there is one option: the ignition interlock restricted license under § 63-11-31.
Requirements:
- A written court order authorizing the IID installation
- Installation by an approved vendor (Alcohol Detection Systems, Intoxalock, Life Safer, or Smart Start)
- Physical vehicle inspection at a DPS station
- $175 ignition interlock fee + $56 license fee paid to DPS
- SR-22 on file
A valuable statutory detail: if you install the IID and obtain the interlock restricted license before the court formally enters the DUI suspension, the standard $175 reinstatement fee is waived under § 63-11-31(5)(c). That can save you $175 if you act quickly after the arrest.
The interlock stays on for the full restricted period. To get it removed, the vendor must certify zero violations in the final 30 days — no failed start attempts at 0.04% BAC or higher, no missed retests, no skipped calibration appointments. A logged violation may lead to an extension of the restricted period.
For the complete DUI reinstatement process plus the broader multi-agency clearing sequence, the Mississippi reinstatement guide covers every step, form, and deadline.
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