DUI and Your Driver’s License

Being arrested for a DUI carries severe penalties, including mandatory jail time and costly fines. However, a DUI arrest also significantly affects your driver’s license and your ability to drive.

Administrative Suspension

The Mississippi Commissioner of Public Safety is required to administratively suspend your driver’s license under the following circumstances:

1. Refusal: If a law enforcement officer has reasonable grounds and probable cause to believe you were driving under the influence of alcohol or drugs and you refuse to submit to a breath, blood, or urine test, your license could be suspended for 90 days. Important points to note:
   • You must be informed that your license will be suspended if you refuse to take the test.
   • If you hold a CDL, your license could be suspended for one year.
   • If you have a prior DUI conviction or received a non-adjudication sentence, your license suspension period would be one year, not 90 days.
2. Breath Test Result: If you provide a breath sample indicating a BAC of .08% or more, law enforcement is required to seize your license in exchange for a temporary permit valid for 30 days. The court handling your DUI case may extend this period upon request.

Post-Conviction

After being convicted of a DUI offense or receiving a non-adjudication sentence, the following penalties apply:

• First offense: 120 days suspension.
• Second offense: 1-year suspension.
• Third offense: Suspension for the period of the sentence, with eligibility for an interlock-restricted license for three years.
• Fourth or subsequent offenses: Suspension for the period of the sentence, with eligibility for an interlock-restricted license for ten years.

Consecutive Suspension Requirements

• It’s important to note that administrative suspension and post-conviction suspension are separate and required by law to run consecutively, not concurrently.

How can a lawyer help me with my driver’s license?

• For administrative suspensions, we can file appeals to extend or dismiss administrative suspensions. Common defenses include challenging the officer’s reasonable grounds for testing or disputing whether you were operating the vehicle on public roads.
• To avoid a post-conviction suspension, we aggressively defend your DUI case, preventing convictions that lead to post-conviction license suspensions altogether.

Contact McCormick Lawrence as soon as possible after your DUI arrest. Acting quickly enhances our ability to achieve a favorable outcome in your DUI case and protect your ability to drive.