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Lesson 21 of 22 · Driving Under the Influence and Implied Consent

DUI and Implied Consent

By driving in Mississippi you give implied consent to breath or chemical testing. A BAC of .08% or more is DUI for drivers 21 and older, and penalties climb with each offense.

Topic
Alcohol and DUI
Key points
8
Numbers
6
Manual
Handbook pp. 64 to 66
What you must know

Key points

  1. Even 2 beers can markedly slow your reflexes.

    Source: Handbook p. 64
    “Tests show that even two (2) beers can markedly decrease a person’s reflexes and reaction time.”
    Mississippi Driver's Manual, Handbook p. 64
  2. A half second slower reaction at 55 mph means 44 more feet before stopping.

    Source: Handbook p. 64
    “If your reactions slow down only a half-second, and you need to hit the brakes while traveling fiftyfive (55) miles per hour, your vehicle will travel an extra forty-four (44) feet before stopping.”
    Mississippi Driver's Manual, Handbook p. 64
  3. Driving means implied consent to testing for intoxicating substances.

    Source: Handbook p. 65
    “When you operate a motor vehicle in the state of Mississippi, you are giving your implied consent to testing for the presence of intoxicating substances in your body.”
    Mississippi Driver's Manual, Handbook p. 65
  4. Refusing a test means surrendering your license for a 45 day receipt permit, then a 90 day suspension.

    Source: Handbook p. 65
    “valid for only forty-five (45) days. The officer will forward your driver’s license, along with the officer’s sworn report, to the Commissioner of Public Safety, who will review your case. Your license will be administratively suspended for ninety (90) days”
    Mississippi Driver's Manual, Handbook p. 65
  5. At 21 or older, a BAC of .08% or more means you are under the influence.

    Source: Handbook p. 65
    “you are twenty-one (21) years old or older and your blood alcohol content registers .08% or more”
    Mississippi Driver's Manual, Handbook p. 65
  6. A first DUI carries a $250 to $1,000 fine and up to 48 hours in jail.

    Source: Handbook p. 66
    “$250 - $1,000 Up to forty-eight (48) hours.”
    Mississippi Driver's Manual, Handbook p. 66
  7. A third DUI within 5 years is a felony.

    Source: Handbook p. 66
    “DUI Third or Subsequent Offense within five (5) years (Felony)”
    Mississippi Driver's Manual, Handbook p. 66
  8. Refusing the test on a first DUI adds a 90 day suspension.

    Source: Handbook p. 66
    “AND you refused the breath or chemical test, a 90 day license suspension is added to the original penalty.”
    Mississippi Driver's Manual, Handbook p. 66
Exact figures

Numbers to know

NumberWhat it meansManual
2beers that can slow reflexes (two)Handbook p. 64
55 mph / 44 feetextra distance from a half second delayHandbook p. 64
45 days / 90 daysrefusal receipt permit and suspensionHandbook p. 65
21 / 0.08%age and BAC for DUIHandbook p. 65
$250 to $1,000 / 48 hoursfirst DUI fine and jailHandbook p. 66
5 yearswindow for counting repeat DUIsHandbook p. 66
Check yourself

3 questions from the Mississippi practice test

  1. 1. For a driver age 21 or older operating a noncommercial vehicle in Mississippi, what is the lowest BAC covered by the general alcohol per se threshold?

    1. 0.08% or more
    2. 0.02% or more
    3. 0.05% or more
    4. 0.10% or more
    Show answer

    0.08% or more. For an adult driver, the threshold described by the manual is a blood alcohol content of .08 percent or more. The .02 percent figure belongs to the under-21 rule, so it is not the adult threshold. A lower number such as .05 percent is not the figure stated here, and .10 percent would allow too much alcohol before the rule applied. Treat the listed limit as a legal boundary, not a safe-drinking target.

  2. 2. What happens to a Mississippi driver's license for refusing a breath or chemical test?

    1. Nothing, refusal is a right
    2. A $25 fine
    3. An administrative suspension of 90 days
    4. A lifetime revocation
    Show answer

    An administrative suspension of 90 days. Under implied consent, operating a vehicle in Mississippi means you consent to testing for intoxicating substances, and your license will be administratively suspended for 90 days for refusing the breath or chemical test. If you are also convicted of a first offense DUI, the 90 day refusal suspension is added to the original penalty. Refusing does not avoid the charge.

  3. 3. What fine range and jail term does Mississippi list for a first DUI offense at 0.08 or higher?

    1. $600 to $1,500 and 5 days to 6 months
    2. $250 to $1,000 and up to 48 hours
    3. $2,000 to $5,000 and 1 to 5 years
    4. A $100 fine and no jail
    Show answer

    $250 to $1,000 and up to 48 hours. The DUI penalty table lists a first offense, a misdemeanor, at a $250 to $1,000 fine and up to 48 hours in jail, with a 120 day license suspension. The $600 to $1,500 fine and 5 days to 6 months jail are the second offense within five years. The $2,000 to $5,000 fine and 1 to 5 years in state custody are the third, a felony. A $100 fine with no jail is not in the table.

Next step

Practice this topic

Lock it in with alcohol and dui questions from the free Mississippi practice test. Every answer comes with a plain English explanation.

Source: the Mississippi Driver's Manual, Driving Under the Influence and Implied Consent. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.