Mississippi

Implied Consent Laws

Drugs

63-11-5 - Learn More
Any person who operates a motor vehicle upon the public highways, public roads and streets of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath for the purpose of determining alcohol concentration. A person shall give his consent to a chemical test or tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle.

Blood

63-11-5 - Learn More
Yes

Urine

63-11-5 - Learn More
Yes

Oral Fluids

No Data Available

Other

63-11-5 - Learn More
Breath

DUI Statutes

Drugs

63-11-30(1) - Learn More
(1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law;
d) Has an alcohol concentration 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 the person's breath, blood or urine administered as authorized by this chapter, of: (i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law; (ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or (iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.

Combined/Multiple Substance

63-11-30(1) - Learn More
(1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law;
d) Has an alcohol concentration 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 the person's breath, blood or urine administered as authorized by this chapter, of:
i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law; (ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or (iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

63-11-23 - Learn More
(1) 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. (a) If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that the law enforcement officer had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance that may impair a person's mental or physical ability; (ii) that the person refused to submit to the chemical test of the person's breath, blood or urine upon request of the officer; and (iii) that the person was informed that his license and driving privileges would be suspended or denied if he refused to submit to the chemical test of his breath, blood or urine, then the Commissioner of Public Safety, or his authorized agent, shall give notice to the licensee that his license or permit to drive, or any nonresident operating privilege, shall be suspended thirty (30) days after the date of the notice for a period of ninety (90) days if the person has not previously been convicted of or non adjudicated for a violation of Section 63-11-30, or, for a period of one (1) year if the person was previously convicted or non adjudicated under Section 63-11-30. If the commissioner or his authorized agent determines that the license or permit should not be suspended, he shall return the license or permit to the licensee. (b) The notice of suspension shall be in writing and conform to Section 63-1-52. (c) A person may continue to drive on either an interlock-restricted license or under a drug-testing program if so ordered by a court in the course of a criminal proceeding for a violation of Section 63-11-30.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes
Yes, although refusal of a test for driving under the influence (DUI) is not a criminal offense itself. Rigby v. State (Miss. 2002) 826 So.2d 694, rehearing denied.

ALR Laws

Cannabis

63-11-23 - Learn More
If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that the law enforcement officer had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance that may impair a person's mental or physical ability; (ii) that he refused to submit to the chemical test upon request of the officer; and (iii) that the person was informed that his license and driving privileges would be suspended or denied if he refused to submit to the chemical test, then the Commissioner of Public Safety, or his authorized agent, shall give notice to the licensee that, unless the person obtains an interlock-restricted license, his license or permit to drive, or any nonresident operating privilege, shall be suspended thirty (30) days after the date of the notice for a period of ninety (90) days if the person has not previously been convicted of or non-adjudicated for a violation of Section 63-11-30 , or, for a period of one (1) year if the person was previously convicted or non-adjudicated under Section 63-11-30. If the commissioner or his authorized agent determines that the license or permit should not be suspended, he shall return the license or permit to the licensee.

Length/Time of Restriction

63-11-23 - Learn More
90 days if not previously charged. One year if previously convicted.

Hardship License Available

Yes
Mississippi allows the Circuit Court to reduce the suspension or issue a hardship if they determine that not being able to drive could be detrimental to you. But the court will not take any action on your suspension or issue a hardship license until at least 30 days have elapsed on your suspension. After 30 days if you did not refuse the implied consent test or this is your first DUI, you may request a hardship license if you can prove that the inability to drive would interfere with your medical care, education or employment. A $150 fee must be paid. Additionally, the DMV may request information from your school, doctor or employer.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

63-11-31
The Department of Public Safety shall promulgate rules and regulations for the use of an ignition-interlock device. The Department of Public Safety shall approve which vendors shall be used to furnish the systems, may assess fees to the vendors, and shall prescribe the maximum costs to the offender for installation, removal, monthly operation, periodic inspections, calibrations and repairs. (b) A person who has an ignition-interlock device installed in a vehicle shall: (i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device; (ii) Have the system monitored for proper use and accuracy as required by departmental regulation; (iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device unless the person is determined to be indigent; and (iv) Obtain an ignition-interlock driver's license. (4)(a)(i) A person who is limited to driving only under an interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device. (ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device. (iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device. (iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle. (v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device. (b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle. (5) In order to obtain an interlock-restricted license, a person must: (a) Be otherwise qualified to operate a motor vehicle, and will be subject to all other restrictions on the privilege to drive provided by law; (b) Submit proof that an ignition-interlock device is installed and operating on all motor vehicles operated by the person; and (c) Pay the fee set forth in Section 63-1-43 to obtain the license without regard to indigence; no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.

Other Drugs

63-11-31
The Department of Public Safety shall promulgate rules and regulations for the use of an ignition-interlock device. The Department of Public Safety shall approve which vendors shall be used to furnish the systems, may assess fees to the vendors, and shall prescribe the maximum costs to the offender for installation, removal, monthly operation, periodic inspections, calibrations and repairs. (b) A person who has an ignition-interlock device installed in a vehicle shall: (i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device; (ii) Have the system monitored for proper use and accuracy as required by departmental regulation; (iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device unless the person is determined to be indigent; and (iv) Obtain an ignition-interlock driver's license. (4)(a)(i) A person who is limited to driving only under an interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device. (ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device. (iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device. (iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle. (v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device. (b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle. (5) In order to obtain an interlock-restricted license, a person must: (a) Be otherwise qualified to operate a motor vehicle, and will be subject to all other restrictions on the privilege to drive provided by law; (b) Submit proof that an ignition-interlock device is installed and operating on all motor vehicles operated by the person; and (c) Pay the fee set forth in Section 63-1-43 to obtain the license without regard to indigence; no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

(1) while under the influence of any substance which has impaired such person's ability to operate a motor vehicle, OR (2) while under the influence of a drug which is unlawful to possess under the Mississippi Controlled Substances Law.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

63-11-30(2) - Learn More
(a) First offense DUI. (i) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the 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; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. (ii) Suspension of commercial driving privileges is governed by Section 63-1-216. (iii) A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication. (iv) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23. (b) Second offense DUI. (i) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, 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 six (6) months and sentenced to community service work for not less than ten (10) days nor more than six (6) months. 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. (ii) Suspension of commercial driving privileges is governed by Section 63-1-216. (iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23. (c) Third offense DUI. (i) For a third conviction of a person for violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the 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), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections. For any offense that does not result in serious injury or death to any person, the 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. (ii) The suspension of commercial driving privileges is governed by Section 63-1-216. (iii) The suspension of regular driving privileges is governed by Section 63-11-23. (d) Fourth and subsequent offense DUI. (i) For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections. (ii) The suspension of commercial driving privileges is governed by Section 63-1-216. (iii) A person convicted of a fourth or subsequent offense is ineligible to exercise the privilege to operate a motor vehicle that is not equipped with an ignition-interlock device for ten (10) years. (e) Any person convicted of a second or subsequent violation of subsection (1) of this section shall 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, the person must successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment. (f) The use of ignition-interlock devices is governed by Section 63-11-31.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Not necessarily
Statute lists applicable intoxicants but doesn't use "or in combination with" language.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

63-11-30(12) - Learn More
DUI child endangerment. A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows: (a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both; (b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both; (c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and (d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.

Statutes with THC Listed as Delta 8, 9, 10, or 11

MS Code § 41-29-115 (2013) Learn More
Tetrahydrocannabinols are referenced here

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21
Mississippi has taken steps to decriminalize certain marijuana possession offenses.

Underage Cannabis Laws and Penalties

Underage Possession

Yes, for repeat offenses
30 g or less
First Offense: $250 fine
Second Offense: Misdemeanor
5* - 60 days, $250 fine
Third Offense: Misdemeanor
5 days* - 6 months, $1,000 fine
(* mandatory minimum)

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

No Data Available

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

The sale of less than 30 grams is a felony, with a sentence of up to three years and up to $3,000 in fines. If convicted of selling more than 250 grams, you can be sentenced to 3 to 30 years and $15,000 in fines. If selling to a minor (within 1,500 feet of a church, school, or drug-free zone), the jail time and fines are doubled.

Other

No Data Available