How to Get Your License Back After a DUI in Mississippi

A DUI in Mississippi is driving under the influence of alcohol or drugs with a blood alcohol concentration (BAC) of 0.08% for private vehicles, 0.04% for commercial drivers, or 0.02% for drivers under 21 years. In Mississippi, a DUI can lead to the suspension of the driver's license, fines, and jail time. The Mississippi Department of Public Safety (DPS)Driver Service Bureau handles license matters, including issuance, suspension following a DUI arrest, and reinstatement.

Step 1: Know the Terms of Your Suspension

A driver in Mississippi can face different punitive actions from state authorities for DUI-related infractions that vary depending on the exact offense.

• First-Time DUI Offense: This leads to a 90-day suspension. Offenders must complete an alcohol safety program (MASAP).
• Second DUI Offense: A second DUI offense committed within five years results in a one-year suspension. The offender must install an IID device for at least six months after suspension.
• Third or Subsequent DUI Offense: This leads to a 5-year license suspension. If the court approves, offenders may be eligible for an interlock-restricted license after three years.
• Chemical Test Refusal: This results in a 90-day suspension for a first refusal and a one-year suspension for subsequent refusals. Offenders can opt to contest the hearing within ten days of suspension.
• DUI or Test Refusal for Commercial Driver's License (CDL) Holders: A first failed test or refusal leads to a one-year suspension of the CDL. A second offense leads to a lifetime disqualification.

Step 2: Fulfill Court and DMV Requirements

In Mississippi, court conditions and the Department of Motor Vehicles (DMV) and Department of Public Safety (DPS) conditions are separate requirements a driver must meet after a DUI violation or license revocation case.

Court-imposed conditions may include community service, paying fines and court fees, undergoing jail time or probation, attending alcohol education or treatment programs, and restricting or suspending driving privileges. The judicial system requires and enforces court conditions, and failure to comply may lead to additional charges, arrest warrants, and extended probation.

The DMV imposes administrative requirements related to vehicle operation and driver licensing. These include revocation of the driver's license, payment of reinstatement fees, the requirement of SR-22 filing, completion of a driving improvement course, a vision or written road test, and an IID requirement before re-licensing.

While these conditions are different and from separate authorities, they must both be fulfilled if required of a driver before the restoration of a revoked or suspended license.

Step 3: Complete a DUI Education or Treatment Program

Mississippi requires drivers with a DUI offense to participate in and complete specific education or treatment programs, depending on the severity of their offense and the discretion of the court or the Department of Public Safety (DPS). These include:

• Level I: Mississippi Alcohol Safety Education Program (MASEP): This program is mandated by the court and the Mississippi Department of Public Safety (DPS), and it consists of 12 hours of instruction over four weekly sessions. Course fees are approximately $200 to $250. The course is designed for first-time DUI offenders who must enroll through a state-approved MASEP provider and focuses on alcohol use, driving risks, and changes in behavior. A certificate of completion is issued at completion, which is required for submission to the court and DPS before license restoration.
• Level II: Outpatient Counselling or Substance Abuse Treatment: This program provides therapy for substance dependence and deeper intervention. It lasts 6 to 12 weeks and is mandated by the court, typically for high-BAC or repeat offenders. Enrollment must be with a court-approved or state-licensed provider. Fees for the program range from $300 to $1,000, depending on the provider and intensity of the treatment. An offender must present a certificate of completion to the court.

Receiving and submitting a certificate of completion is essential for compliance with court and DPS requirements. Compliance with the court is required to avoid penalties and probation violations. Unless proof of completion is submitted, the DPS will not lift a license suspension.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 insurance is more than just an insurance policy. It is also a certificate filed by a person's insurance company with Mississippi's Department of Public Safety (DPS) to prove that the person has at least the state's minimum liability coverage. Mississippi requires an SR-22 for driving-related violations, including DUI, driving without insurance, accumulating too many points, or other serious driving offenses.

To obtain an SR-22 certificate, applicants can contact their insurance company to file one on their behalf with the Department of Public Safety (DPS) for a filing fee of $15 to $40. An SR-22 certificate requirement can lead to an over 60% increase in annual auto premiums, from approximately $1,700 to $3,000 for full coverage.

Drivers are required to maintain an SR-22 for three years from the date of their driver's license reinstatement or for up to five years in high-severity cases, such as those involving a high blood alcohol concentration (BAC). A lapse on the SR-22 by a driver when it should be in effect may lead to another suspension.

Step 5: Pay Reinstatement Fees

Mississippi driver reinstatement fees vary depending on the type of offense and include the following:

Drivers can pay online via the DPS Driver Service Bureau Portal using a credit or debit card or in person at any Driver Service Bureau Office (DSB) in cash, by debit card, or by credit card. Drivers can also pay by mail with a certified cashier's check or money order payable to the Department of Public Safety. Applicants should note that all court citations or holds must be settled prior to payment; otherwise, the payment may not be processed.

Applicants should send mail payments to:

Driver Records Division/Reinstatement
P.O. Box 1459
Canton, 39046

Step 6: Submit Your License Reinstatement Application

To apply for reinstatement online, applicants can use the DPS Driver Service Bureau Portal to submit the last four digits of their Social Security number or driver's license number, name, and date of birth, then make a payment via debit or credit card. After payment, they will receive an on-screen confirmation and confirmation number via email.

In-person reinstatement applications begin with a booking for an appointment through the DPS scheduling portal. Attendance at the appointment can be made at one of the Driver Service Bureau offices listed on their website. An in-person application requires a valid photo ID, certificates, or abstracts to prove compliance with all court requirements, an SR-22 or MASEP certificate of completion, and payment by cash, credit, or debit card.

What If You're Denied License Reinstatement in Mississippi?

The common reasons for denying a license reinstatement application in Mississippi include outstanding fees, incomplete proof of required conditions, incomplete or incorrect data, and failure to complete the mandatory suspension period.

In response to a denial, reviewing the denial notice and clearing any court holds is an excellent response. Applicants can also submit missing documents based on the denial notice, appeal an implied consent suspension within ten days, and immediately reapply after fulfilling the requirements.

Hardship Licenses: Driving with Limited Privileges

A hardship license, also known as a restricted license, permits a driver to operate a vehicle for approved purposes during the period of their licensing suspension or after it has been revoked. Eligibility for a hardship license depends on the following:

• Type of suspension, as it is usually available for first DUI, driving without insurance, or an out-of-compliance with a support order
• First serving the mandatory minimum suspension of 30 days or 30 -120 days, depending on the offense
• Filing an SR-22 with the DPS
• Ability to show proof of needing the hardship license for employment, education, medical, or court-required obligations

Applicants are to submit a petition to the Mississippi Department of Public Safety, Driver Records Division online or in person with a license fee of $50, SR-22 filing fee of $15-$40, and other court-imposed fees. Documents required with the petition include a DPS suspension letter, driving record, proof of valid auto insurance, MASEP completion certificate, and evidence of hardship.

How Long Does It Take to Get Your License Back After a DUI?

The time frame to get back a license after a DUI in Mississippi is dependent on the type of offense and completion of specific requirements, as demonstrated below: