Cleveland DWI Lawyers
- Morris & Associates:
Compilation of Mississippi DUI Laws
Legal Blood Alcohol Content Level: .08
Automatic Suspension of License for Failure of Blood Alcohol Test or Refusal to Submit to Test: Yes
Ignition Interlock Requirement upon Conviction: Yes
Felony Conviction for Repeat Offenses: Yes
Mississippi Code of 1972 Annotated
¤ 63-11-1. Short title
This chapter may be cited as the Mississippi Implied Consent Law.
¤ 63-11-3. Definitions
The following words and phrases shall have the meaning ascribed herein, unless the context clearly indicates otherwise:
(a) "Driving privilege" or "privilege" means both the driver's license of those licensed in
Mississippi and the driving privilege of unlicensed residents and the privilege of nonresidents, licensed or not, the purpose of this section being to make unlicensed and nonresident drivers subject to the same penalties as licensed residents.
(c) "Chemical test" means an analysis of a person's blood, breath, urine or other bodily
substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.
(d) "Refusal to take breath, urine and/or blood test" means an individual declining to take a chemical test, and/or the failure to provide an adequate breath sample as required by the
Implied Consent Law when requested by a law enforcement officer.
¤ 63-11-5. Implied consent to chemical tests; administration of tests; warnings; form of traffic tickets, citations or affidavits; advice regarding right to request legal or medical assistance; rules and regulations
(1) Any person who operates a motor vehicle upon the public highways, public roads and
streets of this state shall be deemed to have given his consent, to a chemical test or tests of his breath for the purpose of determining alcohol concentration. No such tests shall be given by any officer or any agency to any person within fifteen (15) minutes of consumption of any substance by mouth.
¤ 63-11-30. Operation of vehicle while under influence of intoxicating liquor, drugs or controlled substances, or other substances impairing ability to operate vehicle or with blood alcohol concentrations above specified levels; penalties generally; granting of hardship driving privileges; penalties for violations resulting in death, disfigurement, etc., of another; penalties for multiple offenses; concurrent running of suspensions
(1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law.
The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender.
- Cox & Moore: You should consult an attorney for individual advice regarding your own situation.
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