What to Do After a DUI Crash in Mississippi: A Practical Checklist

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1) Get to Safety and Check for Injuries

Move to a safe location if it is feasible and does not endanger anyone. Turn on hazard lights and, if available and safe, place warning triangles or flares to alert oncoming traffic. Check yourself and others for injuries. Call 911 to request police and medical help. Even if injuries seem minor, seek medical evaluation — some injuries appear hours later.

2) Call 911 and Stay on Scene

Mississippi law requires drivers involved in crashes to stop and remain at or return to the scene and to provide specified information and assistance when there are injuries or property damage (Miss. Code § 63-3-401; Miss. Code § 63-3-405). Call 911 to report the crash and request law enforcement and EMS. Follow dispatcher instructions. Remain at the scene until you have fulfilled your legal duties and, if officers respond, follow their instructions about when you may leave.

3) Render Reasonable Aid

Provide reasonable assistance to anyone injured, including arranging or providing transportation for medical treatment when necessary (Miss. Code § 63-3-401).

4) Exchange Required Information

Exchange your name, address, and vehicle registration number with the other driver(s) and provide this information to police; upon request, show your driver’s license to the other driver(s) and to law enforcement (Miss. Code § 63-3-401; § 63-3-405).

5) Interact Carefully with Law Enforcement

• Be polite and comply with lawful orders. Provide license, registration, and proof of insurance when requested.
• Mississippi has an implied consent law. If an officer lawfully requests a chemical test during a DUI investigation, refusal can trigger administrative driver’s license consequences (Miss. Code § 63-11-5; § 63-11-21).
• You have the right to remain silent about fault, alcohol or drug use, and other potentially incriminating details. You may state that you wish to consult an attorney before answering investigatory questions.

6) Do Not Discuss Fault at the Scene

Avoid arguing or admitting fault. Limit conversation to safety, exchanging information, and responding to officers’ basic identification requests.

7) Document the Scene

• If safe, photograph vehicle positions, damage, skid marks, debris, road conditions, weather, traffic controls, and visible injuries.
• Collect names and contact information for witnesses.
• Note the exact location, time, and any nearby surveillance cameras.

8) Seek Medical Care Promptly

Get evaluated the same day if possible and tell the provider it was a motor vehicle crash so proper records are created. Follow treatment plans and keep copies of discharge summaries, prescriptions, imaging, and bills.

9) Notify Your Insurer

Promptly report the crash to your insurer and cooperate with reasonable requests. Provide factual information without speculating about fault or impairment. Do not give recorded statements to any opposing insurer before speaking with counsel.

10) Preserve Evidence

• Save dashcam footage, photos, damaged items, and tow/repair records.
• Keep a written timeline of events, symptoms, and missed work.
• Do not repair or dispose of the vehicle until it has been documented.

11) Understand Potential Criminal and Administrative Consequences

DUI-related crashes in Mississippi can lead to criminal charges and administrative license consequences under implied consent, with penalties that may increase based on case-specific factors. Court appearance requirements and deadlines vary by case; missing them can result in additional penalties.

12) Consider Speaking with a Mississippi Attorney Early

An attorney can help protect your rights in criminal proceedings, guide you through administrative license issues, and coordinate with insurers. Legal timelines for challenging license actions and for filing civil claims or defenses can be short. Consult counsel promptly so applicable deadlines can be identified and met. Contact us to discuss your situation.

Quick Checklist

Tips to Protect Your Case

What Mississippi Law Says About Staying at the Scene and Giving Aid

Mississippi statutes require drivers involved in collisions to stop at or return to the scene, exchange identifying information, and render reasonable assistance to injured persons. Failing to do so can result in criminal liability (Miss. Code § 63-3-401; § 63-3-405).

Implied Consent and Chemical Testing in Mississippi

By driving in Mississippi, motorists are deemed to have given implied consent to chemical testing when an officer has lawful grounds in a DUI investigation. Refusing a requested test can lead to administrative license consequences (Miss. Code § 63-11-5; § 63-11-21).

Practical Do’s and Don’ts

Do:

• Call 911 and remain on scene.
• Provide aid within your ability and exchange information.
• Be respectful and provide required documents.
• Document the scene and get medical care.
• Contact your insurer and consult counsel promptly.

Don’t:

• Leave the scene before fulfilling your legal duties.
• Argue about or admit fault.
• Discuss alcohol or drug use beyond basic identification.
• Post about the crash on social media.
• Ignore court papers or license notices.

After the First 48 Hours

• Obtain the accident report number from the responding agency and request the official crash report when available.
• Follow up on medical care and keep all receipts.
• Provide your attorney with tickets, bond paperwork, test results or refusal notices, and insurance correspondence.
• Continue preserving evidence and avoid vehicle repairs until advised.

FAQ

Do I have to take a roadside breath test?

Portable roadside tests are often preliminary; however, Mississippi’s implied consent law applies to chemical testing requested during a lawful DUI investigation. Refusal can trigger license consequences. Ask to speak with an attorney as soon as permitted.

What if I am injured and cannot stay at the scene?

If you must leave to obtain emergency care, you should report the crash as soon as practicable and otherwise comply with statutory duties when able.

Should I tell my insurer I was drinking?

Provide factual information without admitting fault or speculating about impairment. Consider consulting an attorney before giving any detailed or recorded statement.

How soon should I contact a lawyer?

Immediately. Deadlines for license challenges and criminal or civil matters can be short.

Citations

• Mississippi Code § 63-3-401 (Accidents involving injury or death — duties of driver)
• Mississippi Code § 63-3-405 (Accidents involving damage to vehicle — duties of driver)
• Mississippi Code § 63-11-5 (Implied consent to chemical tests)
• Mississippi Code § 63-11-21 (License suspension for refusal to submit to test)

Disclaimer

This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal duties, penalties, and timelines vary by facts and change over time. Consult a licensed Mississippi attorney about your specific situation.

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Last reviewed: 2025-08-19