DUI and Implied Consent
Driving under the influence (DUI) is a serious offense in Mississippi, and the state has stringent laws to deter impaired driving. Among these is the Implied Consent Law, which is crucial for drivers to understand.
What is Implied Consent?
Implied Consent refers to the legal principle that by operating a vehicle, drivers implicitly agree to submit to chemical tests (such as breath, blood, or urine tests) if a law enforcement officer suspects them of DUI. This consent is a condition of the privilege to drive on public roads in Mississippi.
Key Provisions of Mississippi's Implied Consent Law
Consent to Testing:
Under Mississippi Code § 63-11-5, anyone driving on the state's public highways is considered to have given consent to chemical tests to determine alcohol concentration or the presence of other substances that impair driving ability.
Administration of Tests:
Tests must be conducted at the direction of an authorized officer who has reasonable grounds and probable cause to believe the driver was under the influence.
Breath tests must be administered by individuals who meet specific training requirements, though elected sheriffs and police chiefs are exempt from this training.
Refusal to Submit to Testing:
If a driver refuses to take the chemical test, the officer must inform them that their driving privileges will be suspended. The period of suspension varies: 90 days for first-time refusals and one year for those with prior DUI convictions under § 63-11-30.
Consequences of Refusal:
Upon refusal, the officer will confiscate the driver’s license and provide a receipt allowing temporary driving privileges. The officer will also forward a report to the Commissioner of Public Safety, who will review the case and potentially issue a suspension notice.
Right to Additional Testing:
Drivers tested under this law can request, at their own expense, an additional test by a qualified person of their choosing. This provision ensures that drivers have an opportunity to obtain a second opinion, which can be crucial for their defense.
Use of Test Results:
Test results are generally admissible in court. However, if the test was administered without consent due to unconsciousness, the results cannot be used as evidence without the person's or their legal representative's consent.
Types of DUIs and Consequences of Convictions
§ 63-11-30 of the Mississippi Code states that it is unlawful for a person to drive or otherwise operate a vehicle, if the person:
Is under the influence of intoxicating liquor;
Has a blood alcohol concentration of .08% or more;
Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Act; or
Is under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle
1. First Offense DUI
Penalty: Fine of $250-$1,000, up to 48 hours in jail, or both.
Additional Requirements: Mandatory attendance and completion of an alcohol safety education program within six months of sentencing. The court may substitute jail time with attendance at a victim impact panel.
Driving Privileges: Suspension of driver’s license for 120 days. Eligibility for an interlock-restricted license is governed by § 63-11-31.
2. Second Offense DUI (within 5 years)
Penalty: Fine of $600-$1,500, 5 days to 6 months in jail, and 10 days to 6 months of community service.
Additional Requirements: Mandatory in-depth diagnostic assessment and potential treatment for alcohol or drug abuse.
Driving Privileges: Suspension of driver’s license for 1 year Eligibility for an interlock-restricted license is governed by § 63-11-31.
3. Third Offense DUI (within 5 years)
Penalty: Fine of $2,000-$5,000 and 1-5 years in the custody of the Department of Corrections.
Additional Requirements: Mandatory in-depth diagnostic assessment and potential treatment for alcohol or drug abuse.
Driving Privileges: Ineligible to operate a motor vehicle without an ignition-interlock device for three years.
4. Fourth and Subsequent Offense DUI
Penalty: Fine of $3,000-$10,000 and 2-10 years in the custody of the Department of Corrections.
Additional Requirements: Mandatory in-depth diagnostic assessment and potential treatment for alcohol or drug abuse.
Driving Privileges: Ineligible to operate a motor vehicle without an ignition-interlock device for ten years.
5. Zero Tolerance for Minors (Under 21)
First Offense: Fine of $250, mandatory alcohol safety education program, and possible attendance at a victim impact panel.
Second Offense (within 5 years): Fine up to $500.
Third Offense (within 5 years): More severe penalties, including potential suspension of driving privileges for two years or until the individual turns 21, whichever is longer.
Legal Assistance and Rights
Drivers have the right to contact an attorney and request legal or medical assistance immediately after being booked for a DUI offense. This right is part of ensuring that individuals can adequately prepare their defense and understand the charges against them.
Understanding the Implied Consent Law and the specific consequences of different types of DUI offenses is vital for all drivers in Mississippi. The law aims to reduce impaired driving and enhance road safety by ensuring that suspected DUI offenders are tested accurately and fairly. Refusing a test has severe consequences, including license suspension, so drivers should be aware of their rights and responsibilities under this law.
If you have been charged with a DUI or need more information about your rights under the Implied Consent Law, consult with a qualified attorney who can provide guidance based on the latest legal updates and your specific situation.
