A Look at Mississippi’s Driver’s License Reinstatement Process

Posted by James Ferguson | Aug 15, 2020 | 0 Comments


One of the penalties a convicted DUI offender will receive is a suspended license. The basic duration of a suspended license is 120 days for first offenders with no aggravating circumstances linked to the case. However, the more prior DUI convictions and/or the more serious the offense, the longer the suspension period. For example, offenders who commit their second and third DUI offenses receive one year and up to five years (depending on the term of incarceration) of suspension, respectively. Offenders who have served out the full term of their suspension are permitted to seek reinstatement of their licenses by way of an administrative process.

Mississippi's Post-DUI License Reinstatement Process

DUI offenders who have completed their term of suspension will be notified by the Department of Public Safety (DPS) regarding the end of their suspension period. The notice from DPS will contain instructions on how to begin the reinstatement process to regain driving privileges. The general requirements include payment of a restoration fee that can range from $25 to $100. Individuals who have drug-related DUI offenses will pay a fee of $175. This fee is easily paid and processed online, but it is also accepted at a designated office. Individuals who are on suspension should be proactive to ensure that they have the required evidence to achieve a successful result. After payment, the applicant will receive a notice that all fines have been cleared. A copy of this notice should go to DPS with a copy of the suspension court order. After DPS makes all inquiries and confirmation, the license is reinstated and a “clearance letter” is issued to the applicant.

Legal Considerations

Even though a driver's license is reinstated, the applicant may still be subject to a probation sentence. Therefore, the individual can face another suspension as related to their probation order. Failure to reinstate one's license can actually lead to more legal trouble for individuals who operate a motor vehicle. Failure to pay the reinstatement fee can lead some offenders to drive without proper authorization even after their suspension period is over. This is risky. A past DUI conviction coupled with a driving without a license charge can lead to jail time and further setbacks to obtaining one's license. In that instance, the past DUI conviction is the aggravating factor that raises the penalty for driving with a suspended license charge. For individuals who need to drive, it is important to avoid further legal trouble by getting their license officially reinstated as soon as possible.

Let Us Help with Your DUI Case

If you have been charged with a DUI , please call us now. James Robert Ferguson is a seasoned DUI attorney with experience advising on DUI penalties and the license reinstatement process. He has defended multiple DUI charges in his many years of experience. Contact us to determine your rights in the matter. We will provide a unique approach to help you with your case.

See related blog posts:
Non-Adjudication Statute in Mississippi
The A-Z of DUI Probation

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.

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