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Mississippi Teen Driver Penalties: Zero Tolerance and Tickets

informational·how to guide·

Where these Mississippi rules come from

This guide uses the enrolled text of S.B. 2685 of 2017 (section 63-11-30, Zero Tolerance for Minors) and S.B. 2695 of 2024 (section 63-1-9, driver's licenses). The suspension times, the test refusal rules and the reinstatement fee come from the Mississippi Driver's Manual, revised in December 2024. The hardship license rules and the permit times come from the DPS Driver Service Bureau web pages. This guide is current as of 2026. Confirm the rules with the Mississippi Department of Public Safety Driver Service Bureau (driverservicebureau.dps.ms.gov) before you drive.

How a moving violation affects a Mississippi learner's permit

For a driver under 18, the 2024 law text allows a driver's license at 16 or older only after at least one year on a learner's permit with no conviction for a moving violation and no conviction under section 63-11-30, the DUI law. Any such conviction restarts the one-year period before the teen can qualify for a license. DPS says a 16-year-old must hold the permit for 12 months or until the 17th birthday, whichever comes first. For the full path, see how to get a Class R license at 16.

Tickets, DUI and the Mississippi hardship license

A parent or guardian can ask DPS for hardship driving privileges for a teen aged 15 to 17 who held a learner's permit for 30 days without any traffic infractions. The teen must also have no prior traffic citations, and the hardship license is not available to anyone who has received a DUI. After approval, the Commissioner of Public Safety may revoke a hardship privilege for any reason, and a citation from any law enforcement agency is one of the listed reasons. See the reasons DPS accepts for a teen hardship license.

What happens in each situation

A permit holder under 18 is convicted of a moving violation
The one-year permit period restarts before the teen can qualify for a driver's license.
A driver under 21 has a BAC of .02% to under .08%
The Zero Tolerance penalties apply (see the table below).
A driver under 21 has a BAC of .08% or more
The offense is a regular DUI, not a Zero Tolerance DUI, and the regular DUI penalties apply.
A person under 18 is convicted under section 63-11-30
The law bars a driver's license and a learner's permit for that person.
A person's license is suspended and the suspension has not ended
The law bars a new license or permit until the suspension period ends.
A teen with a hardship license gets a citation
The Commissioner of Public Safety may revoke the hardship driving privilege.

The .02% limit for drivers under 21

Section 63-11-30 makes it unlawful to drive with a blood alcohol concentration (BAC) of .02% or more when you are below the legal age to buy alcohol. The law names the rule "Zero Tolerance for Minors" and applies it to a person under 21 at .02% or more but lower than .08%. A driver 21 or older reaches the limit at .08%. Test yourself with the free question on the under-21 BAC threshold.

Mississippi Zero Tolerance penalties by offense

Mississippi Zero Tolerance penalties by offense
OffenseFineLicense suspension (Driver's Manual)
First offense$250120 days
Second offense within 5 yearsNot more than $5001 year
Third offense within 5 yearsNot more than $1,0002 years or until age 21, whichever is longer

Other penalties for a Zero Tolerance conviction

  • First conviction: the court orders an alcohol safety education program, to finish within six months. The court may also require a victim impact panel.
  • Third or later conviction: a person under 21 must complete an alcohol or drug abuse treatment program at a site certified by the Department of Mental Health.
  • Test refusal: after a first-offense conviction, a refusal of the breath or chemical test adds a 90-day suspension to the penalty.
  • Worse penalties follow a DUI conviction while your license is suspended for an earlier DUI, or an accident with injuries while you drive under the influence.

Refusing a breath or chemical test

When you drive in Mississippi, you give implied consent to testing for intoxicating substances. If you refuse the breath or chemical test, you must give your license to the officer at once. You get a receipt that works as a temporary permit, valid for only 45 days, and DPS suspends the license administratively for 90 days. Later refusals that end in a conviction or non-adjudication bring longer suspensions.

Can a first offense end without a conviction?

Yes, in some cases. The law says a person under 21 is eligible for nonadjudication of a qualifying first offense. The court then holds back the finding of guilt and the sentence and places the person in a program with conditions. To qualify, the person must have no earlier conviction or pending charge under section 63-11-30 and must complete all court terms. A person can use nonadjudication only one time, and the court decides at its discretion.

Key takeaways

  • A driver under 21 breaks the Zero Tolerance law at a BAC of .02% or more but under .08%. At .08% or more, regular DUI penalties apply.
  • The manual lists a first offense as a $250 fine and a 120-day suspension. A second offense within five years brings up to $500 and one year.
  • Under 18, a conviction for a moving violation or a DUI restarts the one-year permit period, and a DUI conviction bars a license or permit.
  • Refusing a breath or chemical test brings a 90-day administrative suspension.
  • Next step: practice the rules of the road on the free Mississippi Class R practice test.

Mississippi teen driver penalties: common questions

Does Mississippi's zero tolerance law apply to 18- to 20-year-olds?

Yes. The Zero Tolerance rule covers every driver under 21 with a BAC of .02% or more but lower than .08%, not only drivers under 18. The same fines apply: $250 for a first offense, up to $500 for a second and up to $1,000 for a third within five years. The rule that bars a license or permit after a conviction under section 63-11-30 covers only people under 18.

What happens to my license at the stop if I am over the limit?

If your BAC reaches or goes over your limit (.02% if you are under 21), the officer demands your license. You get an official receipt that works as a temporary permit to drive for only 30 days. If a court then convicts you of a first Zero Tolerance offense, the Driver's Manual lists a 120-day suspension.

Can I get a Mississippi license after a DUI at 17?

Not while you are under 18. The law bars a driver's license and a learner's permit for any person under 18 who has been convicted under section 63-11-30. After that, no license or permit can be issued while a suspension period has not ended. If you already hold a permit, the conviction also restarts the one-year permit period.

How much does a first underage DUI cost in Mississippi?

The fine for a first Zero Tolerance offense is $250, and the court also orders an alcohol safety education program. The Driver's Manual lists a 120-day suspension. To get your license back after a suspension for a DUI conviction, DPS charges a $175 reinstatement fee. For most other suspensions, the fee is $100.

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