DWI/DUI/OUI - Drunk Driving Laws And Attorneys In Mississippi
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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MISSISSIPPI DRIVING UNDER THE INFLUENCE (DUI) LAWS
Below Are Some Of The Laws For A DUI Offense From The Mississippi
State Statutes: (Please Check The Mississippi Government Website For
The Most Updated Information.)
SEC. 63-11-30. Operation of vehicle while under influence of intoxicating
liquor, drugs or controlled substances, or other substances impairing
ability to operate vehicle or with blood alcohol concentrations above
specified levels; penalties generally; granting of hardship driving
privileges; penalties for violations resulting in death, disfigurement, etc.,
of another; penalties for multiple offenses; concurrent running of
suspensions.
(1) It is unlawful for any person to drive or otherwise operate a vehicle
within this state who (a) is under the influence of intoxicating liquor; (b)
is under the influence of any other substance which has impaired such
person's ability to operate a motor vehicle; (c) has an alcohol
concentration of eight one-hundredths percent (.08%) or more for
persons who are above the legal age to purchase alcoholic beverages
under state law, or two one-hundredths percent (.02%) or more for
persons who are below the legal age to purchase alcoholic beverages
under state law, in the person's blood based upon grams of alcohol per
one hundred (100) milliliters of blood or grams of alcohol per two
hundred ten (210) liters of breath as shown by a chemical analysis of
such person's breath, blood or urine administered as authorized by this
chapter; (d) is under the influence of any drug or controlled substance,
the possession of which is unlawful under the Mississippi Controlled
Substances Law; or (e) has an alcohol concentration of four
one-hundredths percent (.04%) or more in the person's blood, based
upon grams of alcohol per one hundred (100) milliliters of blood or
grams of alcohol per two hundred ten (210) liters of breath as shown by
a chemical analysis of such person's blood, breath or urine,
administered as authorized by this chapter for persons operating a
commercial motor vehicle.
(2) (a) Except as otherwise provided in subsection (3), upon conviction
of any person for the first offense of violating subsection (1) of this
section where chemical tests provided for under Section 63-11-5 were
given, or where chemical test results are not available, such person
shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor
more than One Thousand Dollars ($1,000.00), or imprisoned for not
more than forty-eight (48) hours in jail or both; and the court shall order
such person to attend and complete an alcohol safety education
program as provided in Section 63-11-32. The court may substitute
attendance at a victim impact panel instead of forty-eight (48) hours in
jail. In addition, the Department of Public Safety, the Commissioner of
Public Safety or his duly authorized agent shall, after conviction and
upon receipt of the court abstract, suspend the driver's license and
driving privileges of such person for a period of not less than ninety (90)
days and until such person attends and successfully completes an
alcohol safety education program as herein provided; provided,
however, in no event shall such period of suspension exceed one (1)
year. Commercial driving privileges shall be suspended as provided in
Section 63-1-83.
The circuit court having jurisdiction in the county in which the conviction
was had or the circuit court of the person's county of residence may
reduce the suspension of driving privileges under Section
63-11-30(2)(a) if the denial of which would constitute a hardship on the
offender, except that no court may issue such an order reducing the
suspension of driving privileges under this subsection until thirty (30)
days have elapsed from the effective date of the suspension. Hardships
shall only apply to first offenses under Section 63-11-30(1), and shall
not apply to second, third or subsequent convictions of any person
violating subsection (1) of this section. A reduction of suspension on
the basis of hardship shall not be available to any person who refused
to submit to a chemical test upon the request of a law enforcement
officer as provided in Section 63-11-5. When the petition is filed, such
person shall pay to the circuit clerk of the court where the petition is filed
a fee of Fifty Dollars ($50.00), which shall be deposited into the State
General Fund to the credit of a special fund hereby created in the State
Treasury to be used for alcohol or drug abuse treatment and education,
upon appropriation by the Legislature. This fee shall be in addition to
any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain
the specific facts which the petitioner alleges to constitute a hardship
and the driver's license number of the petitioner. A hearing may be held
on any petition filed under this subsection only after ten (10) days' prior
written notice to the Commissioner of Public Safety, or his designated
agent, or the attorney designated to represent the state. At such
hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain
the specific grounds upon which hardship was determined, and shall
order the petitioner to attend and complete an alcohol safety education
program as provided in Section 63-11-32. A certified copy of such order
shall be delivered to the Commissioner of Public Safety by the clerk of
the court within five (5) days of the entry of the order. The certified copy of
such order shall contain information which will identify the petitioner,
including, but not limited to, the name, mailing address, street address,
social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first
offense violation of this section, the court may grant the person hardship
driving privileges upon written petition of the defendant, if it finds
reasonable cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing
evidence which shall be supported by independent documentation.
(b) Except as otherwise provided in subsection (3), upon any
second conviction of any person violating subsection (1) of this section,
the offenses being committed within a period of five (5) years, such
person shall be fined not less than Six Hundred Dollars ($600.00) nor
more than One Thousand Five Hundred Dollars ($1,500.00), shall be
imprisoned not less than five (5) days nor more than one (1) year and
sentenced to community service work for not less than ten (10) days nor
more than one (1) year. The minimum penalties shall not be
suspended or reduced by the court and no prosecutor shall offer any
suspension or sentence reduction as part of a plea bargain. Except as
may otherwise be provided by paragraph (d) of this subsection, the
Commissioner of Public Safety shall suspend the driver's license of
such person for two (2) years. Suspension of a commercial driver's
license shall be governed by Section 63-1-83. Upon any second
conviction as described in this paragraph, the court shall ascertain
whether the defendant is married, and if the defendant is married shall
obtain the name and address of the defendant's spouse; the clerk of the
court shall submit this information to the Department of Public Safety.
Further, the commissioner shall notify in writing, by certified mail, return
receipt requested, the owner of the vehicle and the spouse, if any, of the
person convicted of the second violation of the possibility of forfeiture of
the vehicle if such person is convicted of a third violation of subsection
(1) of this section. The owner of the vehicle and the spouse shall be
considered notified under this paragraph if the notice is deposited in the
United States mail and any claim that the notice was not in fact received
by the addressee shall not affect a subsequent forfeiture proceeding.
For any second or subsequent conviction of any person under this
section, the person shall also be subject to the penalties set forth in
Section 63-11-31.
(c) Except as otherwise provided in subsection (3), for any third or
subsequent conviction of any person violating subsection (1) of this
section, the offenses being committed within a period of five (5) years,
such person shall be guilty of a felony and fined not less than Two
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars
($5,000.00), shall serve not less than one (1) year nor more than five (5)
years in the custody of the Department of Corrections; provided,
however, that for any such offense which does not result in serious
injury or death to any person, any sentence of incarceration may be
served in the county jail rather than in the State Penitentiary at the
discretion of the circuit court judge. The minimum penalties shall not be
suspended or reduced by the court and no prosecutor shall offer any
suspension or sentence reduction as part of a plea bargain. The law
enforcement agency shall seize the vehicle operated by any person
charged with a third or subsequent violation of subsection (1) of this
section, if such convicted person was driving the vehicle at the time the
offense was committed. Such vehicle may be forfeited in the manner
provided by Sections 63-11-49 through 63-11-53. Except as may
otherwise be provided by paragraph (e) of this subsection, the
Commissioner of Public Safety shall suspend the driver's license of
such person for five (5) years. The suspension of a commercial driver's
license shall be governed by Section 63-1-83.
(d) Except as otherwise provided in subsection (3), any person
convicted of a second violation of subsection (1) of this section shall
receive an in-depth diagnostic assessment, and if as a result of such
assessment is determined to be in need of treatment of his alcohol
and/or drug abuse problem, such person shall successfully complete
treatment of his alcohol and/or drug abuse problem at a program site
certified by the Department of Mental Health. Such person shall be
eligible for reinstatement of his driving privileges upon the successful
completion of such treatment after a period of one (1) year after such
person's driver's license is suspended. Each person who receives a
diagnostic assessment shall pay a fee representing the cost of such
assessment. Each person who participates in a treatment program
shall pay a fee representing the cost of such treatment.
(e) Except as otherwise provided in subsection (3), any person
convicted of a third or subsequent violation of subsection (1) of this
section shall receive an in-depth diagnostic assessment, and if as a
result of such assessment is determined to be in need of treatment of
his alcohol and/or drug abuse problem, such person shall enter an
alcohol and/or drug abuse program approved by the Department of
Mental Health for treatment of such person's alcohol and/or drug abuse
problem. If such person successfully completes such treatment, such
person shall be eligible for reinstatement of his driving privileges after a
period of three (3) years after such person's driver's license is
suspended.
(f) The Department of Public Safety shall promulgate rules and
regulations for the use of interlock ignition devices as provided in
Section 63-11-31 and consistent with the provisions therein. Such rules
and regulations shall provide for the calibration of such devices and
shall provide that the cost of the use of such systems shall be borne by
the offender. The Department of Public Safety shall approve which
vendors of such devices shall be used to furnish such systems.
(3) (a) This subsection shall be known and may be cited as Zero
Tolerance for Minors. The provisions of this subsection shall apply only
when a person under the age of twenty-one (21) years has a blood
alcohol concentration two one-hundredths percent (.02%) or more, but
lower than eight one-hundredths percent (.08%). If such person's blood
alcohol concentration is eight one-hundredths percent (.08%) or more,
the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of twenty-one (21)
years for the first offense of violating subsection (1) of this section where
chemical tests provided for under Section 63-11-5 were given, or where
chemical test results are not available, such person shall have his
driver's license suspended for ninety (90) days and shall be fined Two
Hundred Fifty Dollars ($250.00); and the court shall order such person
to attend and complete an alcohol safety education program as provided
in Section 63-11-32. The court may also require attendance at a victim
impact panel.
The * * * court * * * in the county in which the conviction was had or the
circuit court of the person's county of residence may reduce the
suspension of driving privileges under Section 63-11-30(2)(a) if the
denial of which would constitute a hardship on the offender, except that
no court may issue such an order reducing the suspension of driving
privileges under this subsection until thirty (30) days have elapsed from
the effective date of the suspension. Hardships shall only apply to first
offenses under Section 63-11-30(1), and shall not apply to second, third
or subsequent convictions of any person violating subsection (1) of this
section. A reduction of suspension on the basis of hardship shall not
be available to any person who refused to submit to a chemical test
upon the request of a law enforcement officer as provided in Section
63-11-5. When the petition is filed, such person shall pay to the circuit
clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00),
which shall be deposited into the State General Fund to the credit of a
special fund hereby created in the State Treasury to be used for alcohol
or drug abuse treatment and education, upon appropriation by the
Legislature. This fee shall be in addition to any other court costs or fees
required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain
the specific facts which the petitioner alleges to constitute a hardship
and the driver's license number of the petitioner. A hearing may be held
on any petition filed under this subsection only after ten (10) days' prior
written notice to the Commissioner of Public Safety, or his designated
agent, or the attorney designated to represent the state. At such
hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain
the specific grounds upon which hardship was determined, and shall
order the petitioner to attend and complete an alcohol safety education
program as provided in Section 63-11-32. A certified copy of such order
shall be delivered to the Commissioner of Public Safety by the clerk of
the court within five (5) days of the entry of the order. The certified copy of
such order shall contain information which will identify the petitioner,
including, but not limited to, the name, mailing address, street address,
social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first
offense violation of this section, the court may grant the person hardship
driving privileges upon written petition of the defendant, if it finds
reasonable cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing
evidence which shall be supported by independent documentation.
(c) Upon any second conviction of any person under the age of
twenty-one (21) years violating subsection (1) of this section, the
offenses being committed within a period of five (5) years, such person
shall be fined not more than Five Hundred Dollars ($500.00) and shall
have his driver's license suspended for one (1) year.
(d) For any third or subsequent conviction of any person under the
age of twenty-one (21) years violating subsection (1) of this section, the
offenses being committed within a period of five (5) years, such person
shall be fined not more than One Thousand Dollars ($1,000.00) and
shall have his driver's license suspended until he reaches the age of
twenty-one (21) or for two (2) years, whichever is longer.
(e) Any person under the age of twenty-one (21) years convicted of
a second violation of subsection (1) of this section, may have the period
that his driver's license is suspended reduced if such person receives
an in-depth diagnostic assessment, and as a result of such
assessment is determined to be in need of treatment of his alcohol
and/or drug abuse problem and successfully completes treatment of his
alcohol and/or drug abuse problem at a program site certified by the
Department of Mental Health. Such person shall be eligible for
reinstatement of his driving privileges upon the successful completion
of such treatment after a period of six (6) months after such person's
driver's license is suspended. Each person who receives a diagnostic
assessment shall pay a fee representing the cost of such assessment.
Each person who participates in a treatment program shall pay a fee
representing the cost of such treatment.
(f) Any person under the age of twenty-one (21) years convicted of a
third or subsequent violation of subsection (1) of this section shall
complete treatment of an alcohol and/or drug abuse program at a site
certified by the Department of Mental Health.
(g) The court shall have the discretion to rule that a first offense of
this subsection by a person under the age of twenty-one (21) years shall
be nonadjudicated. Such person shall be eligible for nonadjudication
only once. The Department of Public Safety shall maintain a confidential
registry of all cases which are nonadjudicated as provided in this
paragraph. A judge who rules that a case is nonadjudicated shall
forward such ruling to the Department of Public Safety. Judges and
prosecutors involved in implied consent violations shall have access to
the confidential registry for the purpose of determining nonadjudication
eligibility. A record of a person who has been nonadjudicated shall be
maintained for five (5) years or until such person reaches the age of
twenty-one (21) years. Any person whose confidential record has been
disclosed in violation of this paragraph shall have a civil cause of action
against the person and/or agency responsible for such disclosure.
(4) In addition to the other penalties provided in this section, every
person refusing a law enforcement officer's request to submit to a
chemical test of his breath as provided in this chapter, or who was
unconscious at the time of a chemical test and refused to consent to the
introduction of the results of such test in any prosecution, shall suffer an
additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall
suspend the driver's license or permit to drive or deny the issuance of a
license or permit to such person as provided for first, second and third
or subsequent offenders in subsection (2) of this section. Such
suspension shall be in addition to any suspension imposed pursuant to
subsection (1) of Section 63-11-23. The minimum suspension
imposed under this subsection shall not be reduced and no prosecutor
is authorized to offer a reduction of such suspension as part of a plea
bargain.
(5) Every person who operates any motor vehicle in violation of the
provisions of subsection (1) of this section 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, upon conviction, be guilty of a
separate felony for each such death, mutilation, disfigurement or other
injury and shall be committed to the custody of the State Department of
Corrections for a period of time of not less than five (5) years and not to
exceed twenty-five (25) years for each such death, mutilation,
disfigurement or other injury, and the imprisonment for the second or
each subsequent conviction, in the discretion of the court, shall
commence either at the termination of the imprisonment for the
preceding conviction or run concurrently with the preceding conviction.
Any person charged with causing the death of another as described in
this subsection shall be required to post bail before being released after
arrest.
(6) Upon conviction of any violation of subsection (1) of this section, the
trial judge shall sign in the place provided on the traffic ticket, citation or
affidavit stating that the person arrested either employed an attorney or
waived his right to an attorney after having been properly advised. If the
person arrested employed an attorney, the name, address and
telephone number of the attorney shall be written on the ticket, citation or
affidavit. The judge shall cause a copy of the traffic ticket, citation or
affidavit, and any other pertinent documents concerning the conviction, to
be sent to the Commissioner of Public Safety. A copy of the traffic ticket,
citation or affidavit and any other pertinent documents, having been
attested as true and correct by the Commissioner of Public Safety, or his
designee, shall be sufficient proof of the conviction for purposes of
determining the enhanced penalty for any subsequent convictions of
violations of subsection (1) of this section.
(7) Convictions in other states of violations for driving or operating a
vehicle while under the influence of an intoxicating liquor or while under
the influence of any other substance that has impaired the person's
ability to operate a motor vehicle occurring after July 1, 1992, shall be
counted for the purposes of determining if a violation of subsection (1) of
this section is a first, second, third or subsequent offense and the
penalty that shall be imposed upon conviction for a violation of
subsection (1) of this section.
(8) For the purposes of determining how to impose the sentence for a
second, third or subsequent conviction under this section, the
indictment shall not be required to enumerate previous convictions. It
shall only be necessary that the indictment state the number of times
that the defendant has been convicted and sentenced within the past
five (5) years under this section to determine if an enhanced penalty
shall be imposed. The amount of fine and imprisonment imposed in
previous convictions shall not be considered in calculating offenses to
determine a second, third or subsequent offense of this section.
(9) Any person under the legal age to obtain a license to operate a
motor vehicle convicted under this section shall not be eligible to receive
such license until the person reaches the age of eighteen (18) years.
(10) Suspension of driving privileges for any person convicted of
violations of Section 63-11-30(1) shall run consecutively.
(11) The court may order the use of any ignition interlock device as
provided in Section 63-11-31.
Below Are Some Of The Laws For A DUI Offense From The Mississippi
State Statutes: (Please Check The Mississippi Government Website For
The Most Updated Information.)
SEC. 63-11-30. Operation of vehicle while under influence of intoxicating
liquor, drugs or controlled substances, or other substances impairing
ability to operate vehicle or with blood alcohol concentrations above
specified levels; penalties generally; granting of hardship driving
privileges; penalties for violations resulting in death, disfigurement, etc.,
of another; penalties for multiple offenses; concurrent running of
suspensions.
(1) It is unlawful for any person to drive or otherwise operate a vehicle
within this state who (a) is under the influence of intoxicating liquor; (b)
is under the influence of any other substance which has impaired such
person's ability to operate a motor vehicle; (c) has an alcohol
concentration of eight one-hundredths percent (.08%) or more for
persons who are above the legal age to purchase alcoholic beverages
under state law, or two one-hundredths percent (.02%) or more for
persons who are below the legal age to purchase alcoholic beverages
under state law, in the person's blood based upon grams of alcohol per
one hundred (100) milliliters of blood or grams of alcohol per two
hundred ten (210) liters of breath as shown by a chemical analysis of
such person's breath, blood or urine administered as authorized by this
chapter; (d) is under the influence of any drug or controlled substance,
the possession of which is unlawful under the Mississippi Controlled
Substances Law; or (e) has an alcohol concentration of four
one-hundredths percent (.04%) or more in the person's blood, based
upon grams of alcohol per one hundred (100) milliliters of blood or
grams of alcohol per two hundred ten (210) liters of breath as shown by
a chemical analysis of such person's blood, breath or urine,
administered as authorized by this chapter for persons operating a
commercial motor vehicle.
(2) (a) Except as otherwise provided in subsection (3), upon conviction
of any person for the first offense of violating subsection (1) of this
section where chemical tests provided for under Section 63-11-5 were
given, or where chemical test results are not available, such person
shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor
more than One Thousand Dollars ($1,000.00), or imprisoned for not
more than forty-eight (48) hours in jail or both; and the court shall order
such person to attend and complete an alcohol safety education
program as provided in Section 63-11-32. The court may substitute
attendance at a victim impact panel instead of forty-eight (48) hours in
jail. In addition, the Department of Public Safety, the Commissioner of
Public Safety or his duly authorized agent shall, after conviction and
upon receipt of the court abstract, suspend the driver's license and
driving privileges of such person for a period of not less than ninety (90)
days and until such person attends and successfully completes an
alcohol safety education program as herein provided; provided,
however, in no event shall such period of suspension exceed one (1)
year. Commercial driving privileges shall be suspended as provided in
Section 63-1-83.
The circuit court having jurisdiction in the county in which the conviction
was had or the circuit court of the person's county of residence may
reduce the suspension of driving privileges under Section
63-11-30(2)(a) if the denial of which would constitute a hardship on the
offender, except that no court may issue such an order reducing the
suspension of driving privileges under this subsection until thirty (30)
days have elapsed from the effective date of the suspension. Hardships
shall only apply to first offenses under Section 63-11-30(1), and shall
not apply to second, third or subsequent convictions of any person
violating subsection (1) of this section. A reduction of suspension on
the basis of hardship shall not be available to any person who refused
to submit to a chemical test upon the request of a law enforcement
officer as provided in Section 63-11-5. When the petition is filed, such
person shall pay to the circuit clerk of the court where the petition is filed
a fee of Fifty Dollars ($50.00), which shall be deposited into the State
General Fund to the credit of a special fund hereby created in the State
Treasury to be used for alcohol or drug abuse treatment and education,
upon appropriation by the Legislature. This fee shall be in addition to
any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain
the specific facts which the petitioner alleges to constitute a hardship
and the driver's license number of the petitioner. A hearing may be held
on any petition filed under this subsection only after ten (10) days' prior
written notice to the Commissioner of Public Safety, or his designated
agent, or the attorney designated to represent the state. At such
hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain
the specific grounds upon which hardship was determined, and shall
order the petitioner to attend and complete an alcohol safety education
program as provided in Section 63-11-32. A certified copy of such order
shall be delivered to the Commissioner of Public Safety by the clerk of
the court within five (5) days of the entry of the order. The certified copy of
such order shall contain information which will identify the petitioner,
including, but not limited to, the name, mailing address, street address,
social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first
offense violation of this section, the court may grant the person hardship
driving privileges upon written petition of the defendant, if it finds
reasonable cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing
evidence which shall be supported by independent documentation.
(b) Except as otherwise provided in subsection (3), upon any
second conviction of any person violating subsection (1) of this section,
the offenses being committed within a period of five (5) years, such
person shall be fined not less than Six Hundred Dollars ($600.00) nor
more than One Thousand Five Hundred Dollars ($1,500.00), shall be
imprisoned not less than five (5) days nor more than one (1) year and
sentenced to community service work for not less than ten (10) days nor
more than one (1) year. The minimum penalties shall not be
suspended or reduced by the court and no prosecutor shall offer any
suspension or sentence reduction as part of a plea bargain. Except as
may otherwise be provided by paragraph (d) of this subsection, the
Commissioner of Public Safety shall suspend the driver's license of
such person for two (2) years. Suspension of a commercial driver's
license shall be governed by Section 63-1-83. Upon any second
conviction as described in this paragraph, the court shall ascertain
whether the defendant is married, and if the defendant is married shall
obtain the name and address of the defendant's spouse; the clerk of the
court shall submit this information to the Department of Public Safety.
Further, the commissioner shall notify in writing, by certified mail, return
receipt requested, the owner of the vehicle and the spouse, if any, of the
person convicted of the second violation of the possibility of forfeiture of
the vehicle if such person is convicted of a third violation of subsection
(1) of this section. The owner of the vehicle and the spouse shall be
considered notified under this paragraph if the notice is deposited in the
United States mail and any claim that the notice was not in fact received
by the addressee shall not affect a subsequent forfeiture proceeding.
For any second or subsequent conviction of any person under this
section, the person shall also be subject to the penalties set forth in
Section 63-11-31.
(c) Except as otherwise provided in subsection (3), for any third or
subsequent conviction of any person violating subsection (1) of this
section, the offenses being committed within a period of five (5) years,
such person shall be guilty of a felony and fined not less than Two
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars
($5,000.00), shall serve not less than one (1) year nor more than five (5)
years in the custody of the Department of Corrections; provided,
however, that for any such offense which does not result in serious
injury or death to any person, any sentence of incarceration may be
served in the county jail rather than in the State Penitentiary at the
discretion of the circuit court judge. The minimum penalties shall not be
suspended or reduced by the court and no prosecutor shall offer any
suspension or sentence reduction as part of a plea bargain. The law
enforcement agency shall seize the vehicle operated by any person
charged with a third or subsequent violation of subsection (1) of this
section, if such convicted person was driving the vehicle at the time the
offense was committed. Such vehicle may be forfeited in the manner
provided by Sections 63-11-49 through 63-11-53. Except as may
otherwise be provided by paragraph (e) of this subsection, the
Commissioner of Public Safety shall suspend the driver's license of
such person for five (5) years. The suspension of a commercial driver's
license shall be governed by Section 63-1-83.
(d) Except as otherwise provided in subsection (3), any person
convicted of a second violation of subsection (1) of this section shall
receive an in-depth diagnostic assessment, and if as a result of such
assessment is determined to be in need of treatment of his alcohol
and/or drug abuse problem, such person shall successfully complete
treatment of his alcohol and/or drug abuse problem at a program site
certified by the Department of Mental Health. Such person shall be
eligible for reinstatement of his driving privileges upon the successful
completion of such treatment after a period of one (1) year after such
person's driver's license is suspended. Each person who receives a
diagnostic assessment shall pay a fee representing the cost of such
assessment. Each person who participates in a treatment program
shall pay a fee representing the cost of such treatment.
(e) Except as otherwise provided in subsection (3), any person
convicted of a third or subsequent violation of subsection (1) of this
section shall receive an in-depth diagnostic assessment, and if as a
result of such assessment is determined to be in need of treatment of
his alcohol and/or drug abuse problem, such person shall enter an
alcohol and/or drug abuse program approved by the Department of
Mental Health for treatment of such person's alcohol and/or drug abuse
problem. If such person successfully completes such treatment, such
person shall be eligible for reinstatement of his driving privileges after a
period of three (3) years after such person's driver's license is
suspended.
(f) The Department of Public Safety shall promulgate rules and
regulations for the use of interlock ignition devices as provided in
Section 63-11-31 and consistent with the provisions therein. Such rules
and regulations shall provide for the calibration of such devices and
shall provide that the cost of the use of such systems shall be borne by
the offender. The Department of Public Safety shall approve which
vendors of such devices shall be used to furnish such systems.
(3) (a) This subsection shall be known and may be cited as Zero
Tolerance for Minors. The provisions of this subsection shall apply only
when a person under the age of twenty-one (21) years has a blood
alcohol concentration two one-hundredths percent (.02%) or more, but
lower than eight one-hundredths percent (.08%). If such person's blood
alcohol concentration is eight one-hundredths percent (.08%) or more,
the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of twenty-one (21)
years for the first offense of violating subsection (1) of this section where
chemical tests provided for under Section 63-11-5 were given, or where
chemical test results are not available, such person shall have his
driver's license suspended for ninety (90) days and shall be fined Two
Hundred Fifty Dollars ($250.00); and the court shall order such person
to attend and complete an alcohol safety education program as provided
in Section 63-11-32. The court may also require attendance at a victim
impact panel.
The * * * court * * * in the county in which the conviction was had or the
circuit court of the person's county of residence may reduce the
suspension of driving privileges under Section 63-11-30(2)(a) if the
denial of which would constitute a hardship on the offender, except that
no court may issue such an order reducing the suspension of driving
privileges under this subsection until thirty (30) days have elapsed from
the effective date of the suspension. Hardships shall only apply to first
offenses under Section 63-11-30(1), and shall not apply to second, third
or subsequent convictions of any person violating subsection (1) of this
section. A reduction of suspension on the basis of hardship shall not
be available to any person who refused to submit to a chemical test
upon the request of a law enforcement officer as provided in Section
63-11-5. When the petition is filed, such person shall pay to the circuit
clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00),
which shall be deposited into the State General Fund to the credit of a
special fund hereby created in the State Treasury to be used for alcohol
or drug abuse treatment and education, upon appropriation by the
Legislature. This fee shall be in addition to any other court costs or fees
required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain
the specific facts which the petitioner alleges to constitute a hardship
and the driver's license number of the petitioner. A hearing may be held
on any petition filed under this subsection only after ten (10) days' prior
written notice to the Commissioner of Public Safety, or his designated
agent, or the attorney designated to represent the state. At such
hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain
the specific grounds upon which hardship was determined, and shall
order the petitioner to attend and complete an alcohol safety education
program as provided in Section 63-11-32. A certified copy of such order
shall be delivered to the Commissioner of Public Safety by the clerk of
the court within five (5) days of the entry of the order. The certified copy of
such order shall contain information which will identify the petitioner,
including, but not limited to, the name, mailing address, street address,
social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first
offense violation of this section, the court may grant the person hardship
driving privileges upon written petition of the defendant, if it finds
reasonable cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing
evidence which shall be supported by independent documentation.
(c) Upon any second conviction of any person under the age of
twenty-one (21) years violating subsection (1) of this section, the
offenses being committed within a period of five (5) years, such person
shall be fined not more than Five Hundred Dollars ($500.00) and shall
have his driver's license suspended for one (1) year.
(d) For any third or subsequent conviction of any person under the
age of twenty-one (21) years violating subsection (1) of this section, the
offenses being committed within a period of five (5) years, such person
shall be fined not more than One Thousand Dollars ($1,000.00) and
shall have his driver's license suspended until he reaches the age of
twenty-one (21) or for two (2) years, whichever is longer.
(e) Any person under the age of twenty-one (21) years convicted of
a second violation of subsection (1) of this section, may have the period
that his driver's license is suspended reduced if such person receives
an in-depth diagnostic assessment, and as a result of such
assessment is determined to be in need of treatment of his alcohol
and/or drug abuse problem and successfully completes treatment of his
alcohol and/or drug abuse problem at a program site certified by the
Department of Mental Health. Such person shall be eligible for
reinstatement of his driving privileges upon the successful completion
of such treatment after a period of six (6) months after such person's
driver's license is suspended. Each person who receives a diagnostic
assessment shall pay a fee representing the cost of such assessment.
Each person who participates in a treatment program shall pay a fee
representing the cost of such treatment.
(f) Any person under the age of twenty-one (21) years convicted of a
third or subsequent violation of subsection (1) of this section shall
complete treatment of an alcohol and/or drug abuse program at a site
certified by the Department of Mental Health.
(g) The court shall have the discretion to rule that a first offense of
this subsection by a person under the age of twenty-one (21) years shall
be nonadjudicated. Such person shall be eligible for nonadjudication
only once. The Department of Public Safety shall maintain a confidential
registry of all cases which are nonadjudicated as provided in this
paragraph. A judge who rules that a case is nonadjudicated shall
forward such ruling to the Department of Public Safety. Judges and
prosecutors involved in implied consent violations shall have access to
the confidential registry for the purpose of determining nonadjudication
eligibility. A record of a person who has been nonadjudicated shall be
maintained for five (5) years or until such person reaches the age of
twenty-one (21) years. Any person whose confidential record has been
disclosed in violation of this paragraph shall have a civil cause of action
against the person and/or agency responsible for such disclosure.
(4) In addition to the other penalties provided in this section, every
person refusing a law enforcement officer's request to submit to a
chemical test of his breath as provided in this chapter, or who was
unconscious at the time of a chemical test and refused to consent to the
introduction of the results of such test in any prosecution, shall suffer an
additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall
suspend the driver's license or permit to drive or deny the issuance of a
license or permit to such person as provided for first, second and third
or subsequent offenders in subsection (2) of this section. Such
suspension shall be in addition to any suspension imposed pursuant to
subsection (1) of Section 63-11-23. The minimum suspension
imposed under this subsection shall not be reduced and no prosecutor
is authorized to offer a reduction of such suspension as part of a plea
bargain.
(5) Every person who operates any motor vehicle in violation of the
provisions of subsection (1) of this section 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, upon conviction, be guilty of a
separate felony for each such death, mutilation, disfigurement or other
injury and shall be committed to the custody of the State Department of
Corrections for a period of time of not less than five (5) years and not to
exceed twenty-five (25) years for each such death, mutilation,
disfigurement or other injury, and the imprisonment for the second or
each subsequent conviction, in the discretion of the court, shall
commence either at the termination of the imprisonment for the
preceding conviction or run concurrently with the preceding conviction.
Any person charged with causing the death of another as described in
this subsection shall be required to post bail before being released after
arrest.
(6) Upon conviction of any violation of subsection (1) of this section, the
trial judge shall sign in the place provided on the traffic ticket, citation or
affidavit stating that the person arrested either employed an attorney or
waived his right to an attorney after having been properly advised. If the
person arrested employed an attorney, the name, address and
telephone number of the attorney shall be written on the ticket, citation or
affidavit. The judge shall cause a copy of the traffic ticket, citation or
affidavit, and any other pertinent documents concerning the conviction, to
be sent to the Commissioner of Public Safety. A copy of the traffic ticket,
citation or affidavit and any other pertinent documents, having been
attested as true and correct by the Commissioner of Public Safety, or his
designee, shall be sufficient proof of the conviction for purposes of
determining the enhanced penalty for any subsequent convictions of
violations of subsection (1) of this section.
(7) Convictions in other states of violations for driving or operating a
vehicle while under the influence of an intoxicating liquor or while under
the influence of any other substance that has impaired the person's
ability to operate a motor vehicle occurring after July 1, 1992, shall be
counted for the purposes of determining if a violation of subsection (1) of
this section is a first, second, third or subsequent offense and the
penalty that shall be imposed upon conviction for a violation of
subsection (1) of this section.
(8) For the purposes of determining how to impose the sentence for a
second, third or subsequent conviction under this section, the
indictment shall not be required to enumerate previous convictions. It
shall only be necessary that the indictment state the number of times
that the defendant has been convicted and sentenced within the past
five (5) years under this section to determine if an enhanced penalty
shall be imposed. The amount of fine and imprisonment imposed in
previous convictions shall not be considered in calculating offenses to
determine a second, third or subsequent offense of this section.
(9) Any person under the legal age to obtain a license to operate a
motor vehicle convicted under this section shall not be eligible to receive
such license until the person reaches the age of eighteen (18) years.
(10) Suspension of driving privileges for any person convicted of
violations of Section 63-11-30(1) shall run consecutively.
(11) The court may order the use of any ignition interlock device as
provided in Section 63-11-31.
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