§ 63-11-1. Short title
This chapter may be cited as the Mississippi Implied Consent Law.
§ 63-11-11. Taking of urine specimens
If the test given under the provisions of this chapter is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will insure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.
§ 63-11-13. Right of accused to have test administered by person of his choice; effect of failure to obtain additional test
The person tested may, at his own expense, have a physician, registered nurse, clinical laboratory technologist or clinical laboratory technician or any other qualified person of his choosing administer a test, approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17, in addition to any other test, for the purpose of determining the amount […]
§ 63-11-15. Availability of information concerning test directed by law enforcement officer to accused or his attorney
Upon the written request of the person tested, or his attorney, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or to his attorney.
§ 63-11-17. Liability for administering test or analysis
No qualified person, hospital, clinic or funeral home shall incur any civil or criminal liability as the result of the proper administration of a test or chemical analysis of a person’s breath, blood or urine when requested in writing by a law enforcement officer to administer such a test or perform such chemical analysis.
§ 63-11-19. Requirements as to methods of testing and qualifications of test administrators; certification of administrators; testing and certification of accuracy of methods, machines or devices
A chemical analysis of the person’s breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by […]
§ 63-11-21. Actions by law enforcement officer upon refusal of driver to submit to test generally
If a person refuses upon the request of a law enforcement officer to submit to a chemical test of his breath designated by the law enforcement agency as provided in Section 63-11-5, none shall be given, but the officer shall at that point demand the driver’s license of the person, who shall deliver his driver’s […]
§ 63-11-23. Review of report of law enforcement officer by Commissioner of Public Safety; notice of suspension; seizure of license where test indicates blood alcohol concentration above specified level; temporary permit to drive; denial of permit; representation of state in proceedings
[Effective until July 1, 2020, this section will read as follows:] Administrative license suspension for test refusal.The Commissioner of Public Safety, or his authorized agent, shall review the sworn report by a law enforcement officer as provided in Section 63-11-21. If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that […]
§ 63-11-25. Appeals from forfeiture, suspension or denial of license by commissioner generally; exercise of driving privilege suspended during pendency of appeal
If the forfeiture, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to subsection (1) of Section 63-11-23, upon such hearing, the person aggrieved may file within ten (10) days after the rendition of such decision a petition in the circuit or county court having […]
§ 63-11-26. Actions which foreclose judicial review
When the commissioner of public safety, or his authorized agent, shall suspend the driver’s license or permit to drive of a person or shall deny the issuance of a license or permit to a person as provided in Section 63-11-30, the person shall not be entitled to any judicial review of or appeal from the […]
§ 63-11-27. Notification of authorities in home state of suspension of nonresident drivers privilege
When it has been finally determined under the procedures of Sections 63-11-21 through 63-11-25, that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the commissioner, or his duly authorized agent, shall give information in writing of the action taken to the motor vehicle administrator of the state of the […]
§ 63-11-3. Definitions
The following words and phrases shall have the meaning ascribed herein, unless the context clearly indicates otherwise: “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 […]
§ 63-11-30. Operating a vehicle while under influence of alcohol or other drugs; penalties; zero tolerance for minors; DUI test refusal; aggravated DUI; DUI child endangerment; expunction; nonadjudication
It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person: Is under the influence of intoxicating liquor; Is under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle; Is under the influence of any drug or controlled substance, […]
§ 63-11-31. Interlock restricted license; ignition interlock device; impoundment or immobilization of vehicles; use of Interlock Device Fund to offset cost of device installation and operation by indigent offenders; reinstatement of license without interlock restriction
[Effective until July 1, 2020, this section will read as follows:] The provisions of this section are supplemental to the provisions of Section 63-11-30. “Ignition-interlock device” means a device approved by the Department of Public Safety that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting […]
§ 63-11-31.1. Mississippi Forensics Laboratory to promulgate rules and regulations for court-ordered drug testing of DUI/other drug violators; evaluation of proposals made by and approval of vendors to be utilized by trial courts
The Mississippi Forensics Laboratory shall promulgate rules and regulations for court-ordered drug testing of DUI/other drug violators and shall approve which vendors are eligible to be utilized by the trial courts when ordering defendants to undergo drug testing as a condition of continuing to exercise the privilege to drive. The Forensics Laboratory may assess fees […]
§ 63-11-32. Development, implementation and funding of driver improvement program for first offenders convicted of driving while intoxicated or under influence of another substance which impairs ability to operate motor vehicle
The State Department of Public Safety in conjunction with the Governor’s Highway Safety Program, the State Board of Health, or any other state agency or institution shall develop and implement a driver improvement program for persons identified as first offenders convicted of driving while under the influence of intoxicating liquor or another substance which had […]
§ 63-11-33. Interlock Device Fund; purpose; use of monies
[Effective until July 1, 2020, this section will read as follows:] There is created in the State Treasury a special fund to be known as the Interlock Device Fund. The purpose of the fund shall be to provide funding for the Driver’s License Bureau of the Department of Public Safety and also to provide funding […]
§ 63-11-37. Contents and disposition of record of conviction under § 63-11-30
It shall be the duty of the trial judge, upon conviction of a person under Section 63-11-30, to mail or otherwise deliver in a method prescribed by the commissioner a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a certified copy of the […]
§ 63-11-39. Reduction of charges under chapter
The court having jurisdiction or the prosecutor shall not reduce any charge under this chapter to a lesser charge.
§ 63-11-40. Driving while driving license or privilege cancelled, suspended or revoked
Any person whose driver’s license, or driving privilege has been cancelled, suspended or revoked under the provisions of this chapter and who drives any motor vehicle upon the highways, streets or public roads of this state, while such license or privilege is cancelled, suspended or revoked, shall be guilty of a misdemeanor and upon conviction […]