Mississippi Implied Consent Law
Mississippi · Motor Vehicles and Traffic Regulations · §§ 63-11-1 to 63-11-9 · 35 sections
Overview
This act governs chemical testing of drivers suspected of operating a vehicle while impaired by alcohol or other drugs. It establishes that anyone driving on the state's roads is deemed to have consented to breath, blood, or urine testing, sets standards for how tests are conducted and who is qualified to administer them, and preserves the driver's right to obtain an independent test. It also sets criminal penalties for impaired driving — with enhanced treatment for repeat, aggravated, underage, and child-endangerment cases — and creates an administrative process under which a driver's license may be suspended for refusing a test or testing above the legal limit, subject to notice, temporary driving permits, ignition interlock requirements, and judicial appeal.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 293 court decisions.
Most-cited authority: 543 U.S. 1 - Leocal v. Ashcroft
Sections covered
- Miss. Code Ann. § 63-11-1Short title3 cites
- Miss. Code Ann. § 63-11-11Taking of urine specimens
- Miss. Code Ann. § 63-11-13Right of accused to have test administered by person of his choice; effect of failure to obtain additional test5 cites
- Miss. Code Ann. § 63-11-15Availability of information concerning test directed by law enforcement officer to accused or his attorney1 cite
- Miss. Code Ann. § 63-11-17Liability for administering test or analysis
- Miss. Code Ann. § 63-11-19Requirements as to methods of testing and qualifications of test administrators; certification of administrators; testing and certification of accuracy of methods, machines or devices23 cites
- Miss. Code Ann. § 63-11-21Actions by law enforcement officer upon refusal of driver to submit to test generally5 cites
- Miss. Code Ann. § 63-11-23Review 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 proceedings12 cites
- Miss. Code Ann. § 63-11-23.1Review 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
- Miss. Code Ann. § 63-11-25Appeals from forfeiture, suspension or denial of license by commissioner generally; exercise of driving privilege suspended during pendency of appeal3 cites
- Miss. Code Ann. § 63-11-26Actions which foreclose judicial review
- Miss. Code Ann. § 63-11-27Notification of authorities in home state of suspension of nonresident drivers privilege
- Miss. Code Ann. § 63-11-29Repealed
- Miss. Code Ann. § 63-11-3Definitions1 cite
- Miss. Code Ann. § 63-11-30Operating a vehicle while under influence of alcohol or other drugs; penalties; zero tolerance for minors; DUI test refusal; aggravated DUI; DUI child endangerment; expunction; nonadjudication173 cites
- Miss. Code Ann. § 63-11-31Interlock 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
- Miss. Code Ann. § 63-11-31.1Interlock 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
- Miss. Code Ann. § 63-11-31.1.1Mississippi 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 [Effective July 1, 2020]
- Miss. Code Ann. § 63-11-32Development, 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
- Miss. Code Ann. § 63-11-33Interlock Device Fund; purpose; use of monies
- Miss. Code Ann. § 63-11-33.1Interlock Device Fund; purpose; use of monies
- Miss. Code Ann. § 63-11-35Repealed
- Miss. Code Ann. § 63-11-37Contents and disposition of record of conviction under § 63-11-304 cites
- Miss. Code Ann. § 63-11-39Reduction of charges under chapter8 cites
- Miss. Code Ann. § 63-11-40Driving while driving license or privilege cancelled, suspended or revoked1 cite
- Miss. Code Ann. § 63-11-41Admissibility in criminal prosecution of evidence of refusal to submit to chemical test9 cites
- Miss. Code Ann. § 63-11-43Repealed
- Miss. Code Ann. § 63-11-45Denial of insurance coverage on ground of refusal to submit to test or upon basis of test results
- Miss. Code Ann. § 63-11-47Selection and purchase of equipment and supplies
- Miss. Code Ann. § 63-11-49§§ 63-11-49 through 63-11-53. Repealed
- Miss. Code Ann. § 63-11-5Implied 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 regulations23 cites
- Miss. Code Ann. § 63-11-5.1Implied 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
- Miss. Code Ann. § 63-11-7Authorization of blood test for dead or unconscious accident victims; use of test results8 cites
- Miss. Code Ann. § 63-11-8Testing of motor vehicle operator involved in accident resulting in death13 cites
- Miss. Code Ann. § 63-11-9Administration of blood test under § 63-11-71 cite
Enacted in other states
All Mississippi named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code