Mississippi Alcohol Related Laws and Regulations

Where to Buy Alcohol
Table wine and beer is sold at private retail stores, where state-owned stores, also known as ABC or package stores, sell spirits and wine over 14% alcohol content. The days and hours that alcohol is able to be sold at are at the discretion of local ordinances.

Legal Age for Drinking/Serving Alcohol
The legal age to consume alcohol, work as a bartender, or handle alcohol in a liquor store is 21 years old. At 18, it is legal for an individual to work in a restaurant selling alcohol.

Open Container Laws
Both the driver and passengers in a vehicle are able to drink as long as the driver doesn’t surpass the legal blood-alcohol content level of .08 percent.

BAC Limits
If a person tests (breath, blood, or urine) with a BAC (blood-alcohol content) of .08 or higher, they are considered ‘per se intoxicated’ and can be arrested and convicted of DUI (driving under the influence) without further evidence.

There are not higher penalties for those with an excessively high BAC.

‘Zero tolerance laws’ attempt to deter underage drivers from drinking. If a driver under the legal age of 21 tests with a BAC level of .02 percent or higher, they face DUI penalties.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for 90 days for the first offense, two years for the second offense, and five years for the third offense.

The state is able to confiscate a driver’s vehicle either permanently or temporarily due to a third DUI conviction. The installation of an ignition interlock device is also a penalty option, which requires the driver to take a breath-test before the vehicle will start. The offender may also be required to undergo alcohol education, treatment, or assessment for alcohol abuse.

After the third conviction, DUI is considered a felony.