Mississippi · DUI · Checked October 2026
Refusing a Breath or Blood Test in Mississippi
Refusing a Breath or Blood Test in Mississippi: What Are the Rules?
What happens if you refuse a breath or blood test in Mississippi.
- Refusal penalty
- 90-day license suspension (1 year with a prior DUI conviction); this administrative suspension is in addition to the criminal DUI penalties and runs consecutively with other suspensions
- License suspension for refusing
- 90 days, starting 30 days after the notice of suspension (1 year if previously convicted of or nonadjudicated for DUI); a court may let you keep driving on an interlock-restricted license or under a drug-testing program
- Deadline to challenge
- 30 days
Refusal Penalties in Mississippi
90-day license suspension (1 year with a prior DUI conviction); this administrative suspension is in addition to the criminal DUI penalties and runs consecutively with other suspensionsMiss. Code Ann. § 63-11-5(1), (3); § 63-11-30(4); § 63-11-23(1)
License Suspension for Refusing in Mississippi
90 days, starting 30 days after the notice of suspension (1 year if previously convicted of or nonadjudicated for DUI); a court may let you keep driving on an interlock-restricted license or under a drug-testing programMiss. Code Ann. § 63-11-23(1)(a), (1)(c), (2)
Official source: license suspension for refusing (Mississippi)
More on DUI Law in Mississippi
See the full overview of DUI laws in Mississippi and read about implied consent laws in every state.
This page summarizes Mississippi law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Mississippi can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Mississippi?
90-day license suspension (1 year with a prior DUI conviction); this administrative suspension is in addition to the criminal DUI penalties and runs consecutively with other suspensions
How Long Is the Suspension for Refusing?
90 days, starting 30 days after the notice of suspension (1 year if previously convicted of or nonadjudicated for DUI); a court may let you keep driving on an interlock-restricted license or under a drug-testing program