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)

Official source: refusal penalties (Mississippi)

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

Sources

  1. Implied consent: Miss. Code Ann. § 63-11-5(1), (3); § 63-11-30(4); § 63-11-23(1)
  2. License suspension and hearing: Miss. Code Ann. § 63-11-23(1)(a), (1)(c), (2)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.