Underage Drinking

Mississippi

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location
  • OR parent/guardian

Notes:
Mississippi's Parent/Guardian exception applies to those persons at least 18 years old and only for possession of light wine or beer. The Location exception is not limited to persons between 18 and 21, and only applies to alcoholic beverages, not including light wine or beer.

Consumption is not explicitly prohibited.

Notes:
Mississippi's Parent/Guardian exception applies to those persons at least 18 years old and only for consumption of light wine or beer.

Internal possession is not explicitly prohibited.

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Notes:
Mississippi's Parent/Guardian and Spouse exception applies to those persons at least 18 years old and only for furnishing of light wine or beer.

  • Beer: 18 for servers and 21 for bartenders
  • Wine: 18 for servers and 21 for bartenders
  • Spirits: 18 for servers and 21 for bartenders

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Notes:
Although it appears the Mississippi Department of Public Safety currently still issues distinctive licenses for persons under 21, no codified statute or regulation requiring the issuance of such licenses has been found to exist after December 31, 2004. APIS coding relies only on codified statutes and regulations and not on uncodified administrative decisions or directives, and therefore the check mark for Distinctive Licenses in Mississippi has been removed beginning on January 1, 2005.

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation:

  • Minimum: Not Specified
  • Maximum: 90 days

Social host law is specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Possession Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Exception(s):

  • Family