Mississippi Statute Limitations

SUMMARY OF MISSISSIPPI DUI LAWS

COMMON ACRONYM(S) FOR “DRUNK DRIVING”:
Driving Under the Influence, DUI, Operating While Impaired/Intoxicated

PROHIBITED VEHICULAR ACTIVITY:
Drive or otherwise operate [1]

COVERED VEHICLES OR DEVICES:
A motorized vehicle [2]

COVERED LOCATIONS:
- DUI (criminal) – within the state [3]
- Implied Consent (civil) – public highways, public roads and street of this state [4]

IMPAIRED DRIVING OFFENSES:
1.  Under the influence of intoxicating liquor [5] 
2.  Under the influence of any other substance which has impaired such person's ability to operate a motor vehicle [6]
3.  Has an alcohol concentration .08% or more for persons twenty-one (21) or .02% or more for persons who are below the age of twenty-one (21) [7]
4.  While under the influence of any drug or controlled substance which is unlawful under the Mississippi Controlled Substances Law [8]
5.  Has an alcohol concentration of .04% or more for persons operating a commercial motor vehicle [9]

DEGREE OF IMPAIRMENT REQUIRED:
Alcohol – State is only required to prove that the driver was under the influence of intoxicating liquor
State is not obligated to prove impairment of driving ability [10]

Other substance – State must prove both under the influence and impairment of driving ability
Driver is under the influence of any other substance, and
The substance has impaired the driver's ability to operate a motor vehicle [11]

Controlled Substance – State needs to prove both:
Driver was under the influence of a controlled substance, and
The substance lessened the driver's normal ability for clarity and control [12]

PENALTIES FOR IMPAIRED DRIVING OFFENSES

1st Conviction [13]:
- Fine of $250 to $1,000
- Imprisoned for not more than 48 hours (court may impose attendance at a victim impact panel as an alternative)
- Attendance at an alcohol safety education program
- License suspension until completion of the alcohol safety education (upon completion of the program the suspension period is 90 days)

Hardship license
- The court may reduce the suspension if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension until 30 days have elapsed
- Hardship license shall not be available to any person who refused to submit to a chemical test upon the request of an officer

2nd conviction (within 5 years) [14]:
- Fine of $600 to $1,500
- Imprisoned 5 days to 1 year
- Community service work 10 days to 1 year
- 2 year license suspension (can be eligible for reinstatement after 1 year if the individual receives an in-dept diagnostic assessment and successfully completes treatment if recommended [15])
- Impoundment or immobilization of all vehicles registered to the person convicted for the entire length of license suspension [16]
- If other licensed drivers living in the household are dependent upon the vehicle subject to impoundment or immobilization for necessary transportation, the court may order the installation of an ignition interlock system [17]

3rd or subsequent conviction (within 5 years) (enhanced to felony) [18]:
- Fine of $2,000 to $5,000
- Imprisoned 1 to 5 years
- Seizure and possible forfeiture of the vehicle
- 5 year license suspension
- Can be eligible for reinstatement after 3 years if the individual receives an in-dept diagnostic assessment and successfully completes treatment if recommended [19]

PENALTIES FOR IMPAIRED DRIVING OFFENSES
OPERATOR UNDER THE AGE OF 21


1st Conviction
- If BAC is more than .02% and less than .08% [20] (eligible for non adjudication) [21]:
- If BAC is greater than .08% – treated as adult (see previous) [22]
– Fine of $250
– License suspension for 90 days
– If suspension constitutes a hardship, the court may reduce suspension after 30 days
– Attendance at an alcohol safety education program
– Court may require attendance at a victim impact panel

2nd Conviction – regardless of BAC (within 5 years) [23]:
- Fine of not more than $500
- License suspension for 1 year
- Can be eligible for reinstatement after 6 months if the individual receives an in-dept diagnostic assessment and successfully completes treatment if recommended [24]

3rd Conviction – regardless of BAC (within 5 years) [25]:
- Fine of not more than $1,000
- License suspended until reaches the age of 21 or for 2 years, whichever is longer
- Must complete treatment of an alcohol and/or drug abuse program. [26]

IMPLIED CONSENT LAWS [27]:
Any person who operates a motor vehicle upon the public highways, roads, and streets shall be deemed to have given consent to a chemical test or test of their breath for determining alcohol concentration 
- Requirements:
– Person administering the test must have met all the educational and training requirements
– Must wait at least fifteen (15) minutes from consumption of any substance by mouth
– Officer shall inform such person that failure to submit to such test shall result in the suspension of their driving privileges for a period of ninety (90) days
– Person arrested shall be informed that they have the right to make a telephone call requesting legal or medical assistance immediately after being booked
– If a person under arrest refuses to submit to a chemical test, evidence of refusal shall be admissible in the criminal action. [28]

BLOOD-DRAWING STATUTE:
Fatal accident [29] – Operator shall be tested by any qualified person within two hours, if possible, if involved in an accident resulting in death
- Statue has been ruled unconstitutional since there is no probable cause requirement prior to blood draw. [30]
- Blood draw may be admissible if subsequent to arrest, consent is given, or search warrant is obtained.

Incapable of Refusal [31] – If any person be unconscious, dead, or otherwise in a condition rendering them incapable of refusal, such person shall be subjected to a blood test for the purpose of determining the alcohol content of their blood if the officer has reasonable
- The results of such test or tests, however, shall not be used in evidence against such person without the consent of the person so tested, or, if deceased, such person's legal representative.
– However, refusal of release of evidence so obtained results in the suspension of their driver's license for a period of 90 days

INDEPENDENT TEST STATUTE [32]:
- The person tested may, at their own expense, have a qualified individual of their choosing to administer a test, approved by the state crime laboratory, in addition to any other test, for the purpose of determining the amount of alcohol in their blood at the time alleged as shown by chemical analysis of their blood, breath or urine
-The failure or inability to obtain an additional test by such arrested person shall not preclude the admissibility in evidence of the test taken at the direction of a law enforcement officer.

PLEA BARGAINING STATUTE:
None

[1] Mississippi Code Ann. § 63-11-30(1)
[2] Id.
[3] Id.
[4] Mississippi Code Ann. § 63-11-5
[5] Mississippi Code Ann. § 63-11-30(1)(a)
[6] Mississippi Code Ann. § 63-11-30(1)(b)
[7] Mississippi Code Ann. § 63-11-30(1)(c)
[8] Mississippi Code Ann. § 63-11-30(1)(d)
[9] Mississippi Code Ann. § 63-11-30(1)(e)
[10] Christian v. State, 589 So.2d 1068 (Miss.App. 2003)
[11] Weil v. State, 936 So.2d 400 (Miss.App. 2006)
[12] Holloman v. State, 820 So.2d 52 (Miss.App. 2002)
[13] Mississippi Code Ann. § 63-11-30(2)(a)
[14] Mississippi Code Ann. § 63-11-30(2)(b)
[15] Mississippi Code Ann. § 63-11-30(2)(d)
[16] Mississippi Code Ann. § 63-11-31(1)
[17] Mississippi Code Ann. § 63-11-31(2)
[18] Mississippi Code Ann. § 63-11-30(2)(c)
[19] Mississippi Code Ann. § 63-11-30(2)(e)
[20] Mississippi Code Ann. § 63-11-30(3)(b)
[21] Mississippi Code Ann. § 63-11-30(3)(g)
[22] Mississippi Code Ann. § 63-11-30(3)(a)
[23] Mississippi Code Ann. § 63-11-30(3)(c)
[24] Mississippi Code Ann. § 63-11-30(2)(d)
[25] Mississippi Code Ann. § 63-11-30(3)(e)
[26] Mississippi Code Ann. § 63-11-30(3)(f)
[27] Mississippi Code Ann. § 63-11-5
[28] Mississippi Code Ann. § 63-11-41
[29] Mississippi Code Ann. § 63-11-8
[30] McDuff v. State, 763 So.2d 850 (Miss. 2000)
[31] Mississippi Code Ann. § 63-11-7
[32] Mississippi Code Ann. § 63-11-13

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