Mississippi’s Implied Consent (DUI) Law

It is illegal in Mississippi for any person to drive or otherwise operate a motor vehicle within this state who:

(a) is under the influence of intoxicating liquor or other substance which has impaired his/her ability to operate a motor vehicle.

(b) has .08% of alcohol in the blood for persons 21 years of age or older; or has .02% of alcohol in the blood for persons under 21 years of age; or .04% of alcohol for persons operating a commercial motor vehicle; all as determined by a chemical test of breath, blood, or urine.

Penalties for Violation of the Implied Consent Law and Zero Tolerance for Minors are as follows:

(1) First Offense – Fined $250 to $1,000, or imprisoned for up to 48 hours, or both; the court may substitute attendance at a victim impact panel in stead of jail. Plus mandatory attendance and completion of the Mississippi Alcohol Safety Education Program; also mandatory Driver’s License suspension of up to one year (or 90 days suspension with completion of MASEP); However, commercial driving privileges shall be suspended at the minimum one year, or at the maximum, three years.

Upon a first offense conviction, if chemical test was not refused, the Circuit Court may reduce the time of license suspension to 30 days, minimum under conditions known as hardship on the offender, provided MASEP is completed.

(2) Second Offense Within 5 Years – Fined $600 to $1,500, and shall be imprisoned for five days to one year; and sentenced to Community Service Work for five days to one year; plus mandatory license suspension for two years (may be reduced to one year upon completion of a certified alcohol/drug treatment program). However, commercial driving privileges shall be suspended up to the maximum life suspension. Notification is given to the owner of the vehicle and their spouse for possibility of vehicle forfeiture in event of conviction for a third violation. Your vehicle will be immobilized or an interlocking system will be installed at the owners expense.

(3) Third and Subsequent Offense Within 5 Years – FELONY: Fined $2,000 to $5,000, and imprisoned from one to five years in the State Penitentiary; plus mandatory license suspension for five years (may be reduced to three years upon completion of a certified alcohol/drug treatment program). However, commercial driving privileges shall be suspended up to the maximum life suspension. Moreover, mandatory seizure of the vehicle used at time offense was committed and thereafter, forfeiture of vehicle.

ZERO TOLERANCE FOR MINORS

(4) MCA §63-11-30(3) is amended so as to prescribe the new language of Zero Tolerance for Minors which applies only to persons under 21 years who have a blood alcohol concentration (BAC) of .02% or more, but lower than .08%. As noted below, a BAC of .08% or more is governed by subsection (2) of MCA §63-11-30 regarding adult penalties.

First offense penalties:

Upon conviction, require license suspension of 90 days, fine of $250, and attendance of MASEP. The court may also require attendance at a victim impact panel. A first offense violation is subject to reduction of license suspension to 30 days if the person did not refuse the chemical test and otherwise qualities under the hardship provision. At the discretion of the court, the first offense violation may be non-adjudicated; thereafter, a private notation will be maintained for the court determination of non-adjudication eligibility.

Second offense penalties:

Upon conviction (within a 5 year period) require license suspension of 1 year and a fine of no more than $500. Upon successful completion of a certified alcohol/drug treatment program, the license suspension may be reduced to 6 months.

Third offense penalties:

Any subsequent offenses, upon conviction (within a five year period) require license suspension for 2 years or until age 21 (whichever is longer) and a fine of no more than $1,000. In addition, the person shall complete an alcohol/drug program certified by the Department of Mental Health.

Note: All other sections of the Implied Consent Law shall apply to a Zero Tolerance violation which registers .08 or higher will be regarded as an over age 21 offense for which adult conviction penalties will apply.

(5) Under Age Conviction:

Any person under the legal age to obtain a driver’s license who is convicted of DUI shall not be able to receive a driver’s license until they reach the age of 18.

(6) Serious Injury/Death:

If convicted, operating a motor vehicle while under the influence of alcohol of drugs, and negligently causing serious injury or death to another, is a FELONY with the prescribed criminal penalty of up to 25 years in the State Penitentiary.