What is the Mississippi Implied Consent Statute under MS DUI Laws?
By: Vic Carmody, DUI attorney in Mississippi since 1980 and Mississippi DUI Law Book co-author
The Mississippi Implied Consent Law found in Section 3 of MS Code § 63-11-5 is a crucial component of the state’s approach to handling DUI (Driving Under the Influence) cases. This law mandates that any person operating a vehicle within Mississippi is deemed to have given their “implied consent” to chemical testing (breath, blood, or urine) to determine the presence of alcohol or other impairing substances if lawfully arrested for a DUI offense.
The Mississippi Implied Consent Law is a DUI procedure in Mississippi designed to deter drunk driving by imposing strict penalties on those who refuse chemical testing after a lawful arrest for DUI. The provisions of the implied consent statute in Mississippi emphasize both punitive measures and rehabilitative programs like MASEP (Mississippi Alcohol Education Program) to address alcohol-related offenses comprehensively.
Our DUI lawyers in Mississippi can answer the common question: “What is implied consent DUI?” For most, potentially losing the ability to drive is likely the most harsh and painful of all DUI penalties in Mississippi.
WARNING: You Have Only 10 Days after Arrest to Appeal!
Being aware of key aspects of the loss of license penalty under the Mississippi Implied Consent Law can be appealed but only within 10 days after the arrest. Our DUI lawyers in Mississippi can help a person navigate these complex DUI laws in Mississippi but she or he needs to contact us IMMEDIATELY AFTER ARREST. Dial 1-888-839-4384 now to get started on that administrative law appeal.
You know that you are in good hands when you’ve hired the DUI lawyers in Mississippi who co-author the leading law book for attorneys on drunk driving defense.
Chemical Testing Requirement
Law enforcement officers must have probable cause to believe that a driver was in actual physical control of a vehicle while under the influence before requesting a chemical test
The DUI tests typically include breath, blood, or (rarely) a urine analysis to measure blood alcohol concentration (BAC) or to detect and quantify impairing drugs.
Consequences of a Refusal to be Tested
If a driver refuses to submit to a chemical test, the arrested person’s driver’s license will be suspended. The suspension period is 90 days for first-time refusals and one year for those with prior DUI convictions within the prior 5 years, based on dates of arrest.
Upon refusal, the officer must certify the refusal, seize the driver’s license, and issue a receipt that the driver can use to show that his or her license has been taken by the State. This certification is then forwarded to the Commissioner of Public Safety, who enacts the Mississippi implied consent suspension.
Mississippi laws allow for a detained person (who has consented to and taken the MS implied consent taken after being arrested for a DUI) to request an independent test of blood, breath urine or other bodily substances. However, unlike other states (e.g., Georgia) that requires an officer who has arrested a DUI suspect and asked for implied consent testing to ALSO tell the person of this right to independent testing, MS DUI laws lack that requirement.
Mississippi Code section 63-11-13 is a Mississippi law that allows a person arrested for a DUI in MS to have an additional, independent test performed to determine their blood alcohol content. The person has the option to choose a qualified professional, including a physician, registered nurse, or clinical laboratory technician, to administer this test. The test must be approved by the Mississippi Forensics Laboratory.
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Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Mississippi near you! Drunk Driving Defense has some of the most successful and highest-rated experts on Mississippi’s implied consent law on our roster.
The Impact of A Mississippi Implied Consent Civil Penalty on DUI Criminal Proceedings
Refusal to take a test can be used as evidence in court for the Prosecutor to suggest consciousness of guilt, meaning it can be argued that the refusal was an attempt to hide the intoxication “number” since the person would not comply with Mississippi law in submitting to testing.
Drivers may request an ignition interlock license during the suspension period, allowing limited driving privileges under certain conditions.
Criminal Law Penalties for DUI Convictions in Mississippi
The penalties for a first offense DUI in Mississippi are quite harsh and only escalate with subsequent offenses. First-time offenders face fines between $250 and $1,000, up to 48 hours in jail, mandatory attendance at the Mississippi Alcohol Safety Education Program, and potential license suspension for up to one year.
Penalties increase with subsequent offenses within five (5) years, including higher fines, longer imprisonment, and extended license suspensions. The five years is measured by dates of arrest.
Mississippi Implied Consent Provisions For Drivers Under the Age of 21
Mississippi has a zero-tolerance policy for minors consuming alcohol. In DUI arrests, a BAC of 0.02 grams % or higher results in license suspension penalties similar to those for adults but adjusted for age-related considerations.
Like many other states, in Mississippi DUI arrests, there is a Hispanic DUI implied consent notice that can be given to or read to a detainee who only speaks Spanish. Plus, although MS laws allow for an independent test, the arresting officers and police departments do not accommodate DUI arrestees, as is done in the State of Georgia and other jurisdictions.
Get Help For A Mississippi Implied Consent Violation Today!
Drunk Driving Defense is home to dozens of the best DUI attorneys all over the country, and Mississippi is no exception. Call 1-888-839-4384 today to be connected with some of the leading experts on Mississippi’s implied consent law today! Remember, Vic Carmody and Kevin Stewart literally wrote the book on Mississippi DUI defense strategies and are standing by to help you beat a DUI charge.
Additionally, you can fill out our confidential contact form below and get a free consultation with a top-rated DUI lawyer in Mississippi near you!
More Information About Mississippi’s Implied Consent Law
If you’d like to learn more about Mississippi DUI laws, we have several other articles covering different aspects of DUI law in Mississippi.