Introduction
Driving under the influence (DUI) is a serious offense in Mississippi, and it can have a significant impact on your life. If you are convicted of a DUI, you may face fines, jail time, and other penalties. You may also have to install an ignition interlock device in your car.
In addition to the other legal consequences of a DUI, you may also have your driver's license suspended. In Mississippi, there are three different ways that your license can be suspended after a DUI. Let's look at them.
Refusing a Breathalyzer
The first way your license can be suspended is if you refuse to take a breathalyzer test. In Mississippi, as in most other states, drivers are subject to an “implied consent” law. That means that by driving on the roads of Mississippi you have agreed to give a sample of your breath to the law enforcement officer if they believe that you are driving under the influence. If they ask you to “blow” and you refuse, your license will be suspended for a period of 90 days.
Conviction for DUI
The second way your license can be suspended is if you are convicted of a DUI. If you are convicted of first offense DUI and have a regular drivers license, this suspension is for a period of 120 days. In most instances, you will have the ability to appeal the conviction, which prevents this suspension from going into effect immediately.
Failure to Request an Extension of Driving Privileges
The third way your license can be suspended is if you fail to request an extension of your driving privileges within 30 days after your DUI arrest. If you do blow and your BAC is over the legal limit of .08%, then the officer will take your license from you and give you a receipt. That receipt acts as your license, but only for a period of 30 days! If you don’t get an order extending your driving privileges from the court before that 30 days is up, then your license will be suspended for 90 days.
The Worst News
The worst news is that these suspensions run consecutive to each other. That means that if you have your license suspended for DUI refusal or if you don’t request an extension of your driving privileges within 30 days, then that 90-day suspension is IN ADDITION TO any suspension you receive as a result of a DUI conviction arising out of the same stop.
What to Do If Your License Is Suspended
If your license is suspended after a DUI in Mississippi, it is important to speak with an experienced DUI attorney as soon as possible. An attorney can help you understand your rights and options, and they can represent you in court if necessary.