DUI Laws in Mississippi

SUMMARY OF MISSISSIPPI DUI STATUTES

COMMON ACRONYM(S) FOR "DRUNK DRIVING":

Driving Under the Influence, or "DUI."

PROHIBITED VEHICULAR ACTIVITY:

Drive or otherwise operate.

COVERED VEHICLES OR DEVICES:

A motorized vehicle.

COVERED LOCATIONS:

DUI (criminal) – any location within the State, whether public or private property.

Implied Consent (civil) – administrative penalties (driving privilege suspension of either 90 days or 1 year) apply only for the refusal of the Intoxilyzer 8000 breath test if found to be driving or operating publicu> highways, public roads and streets of this state.

IMPAIRED DRIVING OFFENSES:

Mississippi Code Section 63-11-30(1):

• (a) Under the influence of intoxicating liquor, or "common law" DUI;
• (b) Under the influence of any other substance which has impaired such person's ability to operate a motor vehicle;
• (c) Under the influence of any drug or controlled substance which is unlawful under the Mississippi Controlled Substances Law;
• (d) 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); has an alcohol concentration of .04% or more for persons operating a commercial motor vehicle.

DEGREE OF IMPAIRMENT REQUIRED:

• (a) Driving/Operating under the influence of intoxicating liquor, or "common law" DUI (usually no BAC test results available, or the BAC test results are ruled inadmissible): the prosecution must prove impairment, that is "commonly understood to mean driving in a state of intoxication that lessens a person's normal ability for clarity and control." Leuer v. City of Flowood, 744 So. 2d 266, 269 (Miss. 1999);
• (b) Driving/Operating under the influence of any other substance: the prosecution must prove impairment;
• (c) Driving/Operating under the influence of any drug or controlled substance which is unlawful under the Mississippi Controlled Substances Law: the prosecution must simply prove that one was "under the influence" in this narrow context, and there is no "per se" requirement if any toxicological test was given;
• (d) Driving/Operating with 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); has an alcohol concentration of .04% or more for persons operating a commercial motor vehicle: the prosecution must prove the accuracy of the machine, that the machine's operator was certified, and that all proper procedures were followed in the administration of the test.

COURT AND STATE PENALTIES FOR IMPAIRED DRIVING OFFENSES:

Adult Drivers (21 years old and older):

1st Offense – Conviction:

Fine of $250 to $1,000 plus state assessments and court costs;

Up to 2 days in jail; however, substitution of a "victim impact panel" (VIP) may be substituted in lieu of jail;

Attendance at an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

In the discretion of the sentencing judge, up to 2 years of supervised probation;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 120 days.

CDL (commercial driver's license or commercial learning permit): 1 year.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

Restricted Driving Privileges?:

Class R (regular operator's license): Ignition Interlock Device restriction for 120 days, in lieu of a "hard suspension;" the device must be one approved by the Mississippi Department of Public Safety, the driver must pay all installation, calibration, maintenance & removal costs of the device, and the driver must pay the fees as determined by the Department of Public Safety for the "interlock restricted driver's license;"

CDL (commercial driver's license or commercial learning permit): NOT AVAILABLE IN MISSISSIPPI.

Minor Drivers (Under the age of 21):

1st Offense – Conviction:

*If the BAC result is .08% or more, then he/she is treated as an Adult Offender (see above).

If the BAC result is .02% but less than .08%, or if "chemical test results are not available," then the penalties are as follows:

Fine of $250 plus state assessments and court costs;

Attendance at an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

In the discretion of the sentencing judge, attendance of a "victim impact panel" (VIP);

In the discretion of the sentencing judge, up to 2 years of supervised probation;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 120 days.

CDL (commercial driver's license or commercial learning permit): 1 year.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

ALL Drivers, Irrespective of Age:

1st Offense – Nonadjudication:

Nonadjudication, or "no adjudication," means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial or up on the entry of a conditional plea of guilty. The court places the driver in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court, which generally consists of:

Fine of $250 to $1,000 plus state assessments, court costs, and the nonadjudication fee of $250;

Attendance at an alcohol safety education program; in Mississippi this is known as the Mississippi Alcohol Safety Education Program (MASEP) – currently a 12 hour program – and it must be completed within 6 months of sentencing; if the driver is a non-Mississippi licensed driver, he/she may be allowed to complete a substantially equivalent program in his/her home state;

In the discretion of the judge, up to 2 years of supervised probation;

In the discretion of the judge, random alcohol or drug screening, or both;

In the discretion of the judge, proof that the driver committed no other traffic violations while in the nonadjudication program;

In the discretion of the judge, the immobilization or impoundment of vehicles owned by the driver;

In the discretion of the judge, attendance of a "victim impact panel" (VIP);

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 120 days, if the DUI violation was related to alcohol; or, 120 days, if the DUI violation was related to a controlled substance or any other impairing, but this suspension may be avoided if the driver submits to drug testing at his/her own expense for not less than 30 days during the otherwise 120 day period of suspension

CDL(commercial driver's license or commercial learning permit): INELIGIBLE FOR NONADJUDICATION.

Restricted Driving Privileges?:

Class R (regular operator's license): Ignition Interlock Device restriction for 120 days, in lieu of a "hard suspension;" ONLY IF the DUI violation was related to alcohol. The device must be one approved by the Mississippi Department of Public Safety, the driver must pay all installation, calibration, maintenance & removal costs of the device, and the driver must pay the fees as determined by the Department of Public Safety for the "interlock restricted driver's license;"

CDL(commercial driver's license or commercial learning permit): INELIGIBLE FOR NONADJUDICATION.

Other Notes: a person is eligible for nonadjudication of a DUI 1st Offense charge ONLY 1 time under any provision of law that authorizes nonadjudication.

Any driver who has been previously convicted of a DUI in Mississippi, or who has any other pending DUI in Mississippi, is ineligible for nonadjudication.

Adult Drivers (21 years old and older):

2nd Offense – Conviction:

(Note: The "look-back period" is 5 years.)

Fine of $600 to $1,500 plus state assessments and court costs;

Minimum 5 days and up to 6 months in jail;

Minimum 10 days and up to 6 months of community service work;

Will be ordered to receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, then successful completion of treatment at a program site certified by the Department of Mental Health. The offender is responsible for all fees;

In the discretion of the sentencing judge, up to 2 years of supervised probation;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 1 year.

CDL (commercial driver's license or commercial learning permit): 55 years.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

Restricted Driving Privileges?:

Class R (regular operator's license): Ignition Interlock Device restriction for 1 year, in lieu of a "hard suspension;" the device must be one approved by the Mississippi Department of Public Safety, the driver must pay all installation, calibration, maintenance & removal costs of the device, and the driver must pay the fees as determined by the Department of Public Safety for the "interlock restricted driver's license;"

CDL(commercial driver's license or commercial learning permit):NOT AVAILABLE IN MISSISSIPPI.

Impoundment or immobilization of all vehicles owned by the offender that are not equipped with an ignition interlock device.

Minor Drivers (Under the age of 21):

2nd Offense – Conviction:

(Note: The "look-back period" is 5 years.)

*If the BAC result is .08% or more, then he/she is treated as a Adult Offender (see above).

If the BAC result is .02% but less than .08%, or if "chemical test results are not available," then the penalties are as follows:

Fine of up to $500 plus state assessments and court costs;

In the discretion of the

sentencing judge, up to 2 years of supervised probation;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): 1 year.

CDL (commercial driver's license or commercial learning permit): 55 years.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

Impoundment or immobilization of all vehicles owned by the offender that are not equipped with an ignition interlock device.

Adult Drivers (21 years old and older):

3rd Offense – Conviction:

(Note: The "look-back period" is 5 years.)

FELONY!

Fine of $2,000 to $5,000 plus state assessments and court costs;

Minimum 1 year and up to 5 years in the custody of the Department of Corrections;

Will be ordered to receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, then successful completion of treatment at a program site certified by the Department of Mental Health. The offender is responsible for all fees;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): Suspended for the full length of the sentence; upon release from incarceration, eligible for only an ignition interlocked restricted driver's license for 3 years.

CDL (commercial driver's license or commercial learning permit): Lifetime revocation.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI.

Impoundment or immobilization of all vehicles owned by the offender that are not equipped with an ignition interlock device.

Minor Drivers (Under the age of 21):

3rd and/or Subsequent Offense – Conviction:

(Note: The "lookback period" is 5 years.)

*If the BAC result is .08% or more, then he/she is treated as a Adult Offender (see above).

If the BAC result is .02% but less than .08%, or if "chemical test results are not available," then the penalties are as follows:

Fine of up to $1,000 plus state assessments and court costs;

Must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): The driving privileges are suspended or denied for 2 years or until the offender reaches the age of 21, which is longer.

CDL (commercial driver's license or commercial learning permit): Lifetime revocation.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI..

Impoundment or immobilization of all vehicles owned by the offender that are not equipped with an ignition interlock device.

Adult Drivers (21 years old and older):

4th and/or Subsequent Offense – Conviction:

(Note: A lifetime "look-back period." It is "without regard to the time period within which the previous violations occurred.")

FELONY!

Fine of $3,000 to $10,000 plus state assessments and court costs;

Minimum 2 years and up to 10 years in the custody of the Department of Corrections;

Will be ordered to receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, then successful completion of treatment at a program site certified by the Department of Mental Health. The offender is responsible for all fees;

Driver's License/Driving Privileges Suspensions:

Class R (regular operator's license): Suspended for the full length of the sentence; upon release from incarceration, eligible for only an ignition interlocked restricted driver's license for 10 years or else suspended for 10 years.

CDL (commercial driver's license or commercial learning permit): Lifetime revocation.

"Hardship" or "Work Permit" Driver's Licenses? NOT AVAILABLE IN MISSISSIPPI .

Impoundment or immobilization of all vehicles owned by the offender that are not equipped with an ignition interlock device.

Child Endangerment-DUI:

A person over the age of 21 who is convicted of a DUI charge in Mississippi, and who was transporting a child under the age of 16 at the time of the offense, is guilty of the separate offense of child endangerment-DUI. This separate offense shall not be merged with the DUI offense.

1st Offense, without serious injury or death to the child: Fine of up to $1,000, and up to 1 year in jail.

2nd Offense, without serious injury or death to the child: Fine of $1,000 to $5,000, and mandatory 1 year in jail.

3rd Offense, without serious injury or death to the child: FELONY with a fine of not less than $10,000, and 1 to 5 years in the custody of the Department of Corrections.

Child Endangerment-DUI resulting in serious injury or death of a child: FELONY with a fine of not less than $10,000, and 5 to 25 years in the custody of the Department of Corrections.

Aggravated DUI, also known as DUI Mayhem:

A person who operates any motor vehicle while under the influence and who, in a negligent manner, causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another, shall be guilty of a felony for each victim, if convicted.

Punishment is 5 to 25 years in the custody of the Department Corrections per count.

The court shall order an ignition interlock restriction on the privilege to drive as a condition of probation or post-release supervision, not to exceed 5 years unless a longer restriction is required under other law.

Aggravated Commercial DUI:

A holder of a CDL who is convicted of operating a commercial motor vehicle with a BAC of .08% or more shall be guilty of a felony.

Punishment is 2 to 10 years in the custody of the Department of Corrections.

The court shall order an ignition interlock restriction on the privilege to drive as a condition of probation or post-release supervision, not to exceed 5 years unless a longer restriction is required under other law. This shall not be applied to commercial driving privileges.