DUI Information for Mississippi
In the state of Mississippi, it is an offense when a driver operates a vehicle after the consumption of alcohol, drugs or any other intoxicants. In doing so, could result in an offense of driving under the influence (DUI) or driving while intoxicated/impaired (DWI). These are punishable by law in the state of Mississippi.
Mississippi DUI – statute(s)
- Code Ann. § 63-11-30, as amended by 2016 Mississippi Laws Chapter 503, effective October 1, 2016.
Mississippi DUI – standard
- “It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person: . . . [i]s under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law.” Miss. Code Ann. § 63-11- 30(1)(c).
Mississippi DUI – applicable substances
- Any drug or controlled substance, whose possession is unlawful under Mississippi controlled substances laws.
Mississippi DUI – affirmative defense
Mississippi Per se – statute(s)
Mississippi Per se – standard
- N/A
Mississippi Per se – applicable substances
- N/A
Mississippi Per se – affirmative defense
- N/A
Mississippi Implied consent – applicable drivers
- Any person who operates a motor vehicle upon the public highways, public roads and streets of Mississippi. Miss. Code Ann. § 63-11- 5(1)(a).
Mississippi Implied consent – tests authorized
- A chemical test or tests of his breath, blood or urine. Miss. Code Ann. § 63-11-5(1)(a).
Mississippi Implied consent – basis for test
- LEO must have “reasonable grounds and probable cause to believe” that the person was driving in violation of drugged driving laws. Miss. Code Ann. § 63-11-5(1)(b).
Mississippi Implied consent – evidence of refusal
- If a person under arrest refuses to submit to a chemical test, evidence of refusal is admissible in any criminal action under Miss. Code Ann. § 63-11. Miss. Code Ann. § 63-11-41.
Mississippi Implied consent – administrative / civil penalty for refusal
- Refusal without a prior convictionà driver’s license suspended 90 days, unless driver obtains restricted IID license.
- Refusal with at least one prior convictionà driver’s license suspended for one year, unless driver obtains restricted IID license. Miss. Code Ann. § 63-11-23(1).
- There is an assessment of $243 if violation of implied consent law. Miss. Code Ann. § 99-19-73(2).
