Charged with DUI in MS? Protect Your License Today

Why your license is at risk immediately

A Mississippi DUI triggers two separate tracks: (1) the criminal court case, and (2) an administrative process that can lead to a driver’s license suspension. The administrative side can move quickly and does not wait for your criminal case to finish. Missing administrative deadlines can result in a suspension even if your criminal charge is later reduced or dismissed. See Miss. Code Ann. § 63-11-23.

Arrest paperwork and notice to suspend

After a DUI arrest, you may receive paperwork that serves as notice of a pending license suspension. This notice can start important timelines for requesting a review or hearing. Read every page you were given at release, including any implied consent advisories, test result forms, and temporary driving permits. The specific deadlines are stated on your paperwork and can be short.

Chemical test results and refusals

Mississippi’s implied consent law ties license consequences to breath, blood, or urine test results and to refusals. A test over the legal limit or a refusal can each trigger a possible suspension through the administrative process. Consequences vary with factors like prior history, age, and case facts. See Mississippi Code Ann., Title 63, Chapter 11 (Implied Consent Law).

How the administrative hearing works

You may be able to request an administrative review or hearing to contest a pending suspension, but timelines apply and can move quickly. At the hearing, the issues often include whether the stop and arrest complied with the law, whether the officer followed required procedures, and whether any chemical test or alleged refusal was handled properly. The scope is set by statute and may be narrower than what a criminal court considers. If you prevail, the suspension may be set aside; if not, a suspension can be imposed regardless of the status of your criminal case. See § 63-11-23.

Ignition interlock-based options

Depending on eligibility, Mississippi law may allow you to drive with an ignition interlock-restricted license during a suspension period. Eligibility, any waiting periods, and compliance requirements vary, especially where there are prior offenses, refusals, or accidents. Early legal guidance helps you understand whether an interlock option fits your situation. See § 63-11-31.

First steps to protect your license

• Gather all paperwork from your arrest and release, including any temporary license or notice of suspension.
• Calendar the dates on your documents and act promptly to preserve hearing rights.
• Avoid discussing your case with anyone other than your attorney; statements can be used in both proceedings.
• Keep proof of insurance and make sure your address with the Mississippi Department of Public Safety is current so you receive notices.
• Consult a DUI defense lawyer quickly to align your criminal defense with your license strategy.

What to expect in court vs. DPS

The criminal court addresses guilt, penalties, and conditions such as fines, classes, or jail, while the Mississippi Department of Public Safety handles your driving privileges. Evidence and procedures differ between the two, and outcomes in one may not control the other. Coordinating both tracks is essential to avoid unexpected suspensions.

Common defenses and issues to review

• Basis for the traffic stop and probable cause for arrest
• Accuracy and maintenance records for the breath-testing device
• Timing, administration, and observation periods for breath tests
• Chain of custody and lab protocols for blood tests
• Whether implied consent warnings were properly given
• Medical conditions or environmental factors that can affect results

FAQ

How fast do I have to act to request a hearing?

Deadlines are short and appear on your notice paperwork. Act immediately to avoid an automatic suspension.

Can I drive while my hearing is pending?

You may have a temporary permit or interlock-restricted option depending on eligibility and timing. Confirm the status before driving.

Does a dismissal in court stop a suspension?

Not necessarily. The administrative process is separate and can impose a suspension even if the criminal charge is reduced or dismissed.

What if I refused the test?

A refusal can trigger separate license consequences. You can still challenge the basis for the stop, arrest, and the refusal procedures.

How our firm helps

We move quickly to evaluate your notice paperwork, preserve your hearing rights, and build a defense aimed at both the court case and your driving privileges. We review video, testing records, and officer procedures, and we advise you on eligibility for ignition interlock-based options. If you’ve been charged with DUI in Mississippi, contacting counsel promptly can make a critical difference for your license.

Questions right now? Contact us to speak with our team.

Key Mississippi legal references

• Mississippi Code Ann., Title 63, Chapter 11 (Implied Consent Law)
• Miss. Code Ann. § 63-11-23 (License suspension; hearings)
• Miss. Code Ann. § 63-11-31 (Ignition interlock; interlock-restricted licenses)

Mississippi-specific disclaimer: This blog post is for general information only and is not legal advice. Procedures and deadlines can change and may depend on your particular documents and history. Reading this does not create an attorney-client relationship. Consult a licensed Mississippi attorney about your situation.