How long will my license be suspended?

For a first offense in Mississippi, the administrative suspension is 90 days (failed test or refusal) [§ 63-11-23]. A refusal carries a longer suspension: 90-day license suspension [§ 63-11-5]. Criminal license consequences may be additional.

What happens if I drive on a suspended license?

Driving on a DUI/DWI-related suspension is a serious offense in Mississippi [§ 63-11-23]. It can result in additional criminal charges, extended suspension, and in some states it can elevate a misdemeanor DUI/DWI to a felony.

Is the administrative suspension separate from the criminal suspension?

Yes. The administrative suspension is imposed by the motor vehicle agency based on the arrest and test result. The criminal suspension is imposed by the court as part of sentencing. They run somewhat independently, though they may overlap.

Topic guideUpdated 2026-02-27

Mississippi DUI & License Suspension — What Happens

Q: Can I get a restricted or hardship license?

Yes. Hardship license available after 30 days of hard suspension with IID installation [§ 63-11-23].

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI/DWI case in Mississippi. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §63-11-23.

How the administrative suspension works

Arrest triggers the process

When you are arrested for DUI/DWI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process §63-11-5.

Notice is served

You receive notice of the intended suspension. The clock for requesting a hearing starts now.

Request a hearing

You have None specified by statute; appeal of the commissioner's decision must be filed within 10 days after the decision is rendered (§ 63-11-25) to request an administrative hearing §63-11-23. If you do not request a hearing within this window, the suspension takes effect automatically.

Hearing (if requested)

At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

First-offense (failed test): 90 days (failed test or refusal)
First-offense (refusal): 90-day license suspension

Restricted driving privileges

Mississippi does offer a form of restricted or limited driving privileges during or after the administrative suspension. Hardship license available after 30 days of hard suspension with IID installation.

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement

interlock-restricted license required for 120 days for a nonadjudicated first offense (§ 63-11-30(14)). The minimum IID period is 120 days for a nonadjudicated first offense. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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