Mississippi DUI laws criminalize operating a motor vehicle while impaired. Impairment could be caused by alcohol or other substances.
How Mississippi’s DUI Laws Define the Offense
Mississippi defines the offense of impaired driving under Mississippi Code Section 63-11-30. This statute makes it “unlawful for a person to drive or otherwise operate a vehicle within this state” if any of the following are true:
- The driver is under the influence of “intoxicating liquor.”
- The driver is under the influence of “any other substance that has impaired the person’s ability to operate a motor vehicle.”
- The driver has an alcohol concentration of .08% or higher.
Prosecutors need to prove only one of these things—not all three—in order to get a DUI conviction.
DUI Definitions for Commercial and Underage Drivers
Mississippi Code Section 63-11-30 establishes different rules for drivers who are below the legal age to drink (21 years) or who are operating a commercial motor vehicle.
Underage drivers are subject to zero-tolerance laws and can be charged with a DUI if they have a BAC of .02 or above. Meanwhile, drivers of commercial motor vehicles can be charged if they are operating a vehicle with a BAC of .04% or above.
Mississippi’s BAC Limit and Per Se DUIs
Prosecutors have the burden of proving a drunk driving case to secure a conviction, but DUI per se laws can make it easier to do that.
A DUI per se law says that if someone has a BAC of .08 or higher, their elevated BAC is the only evidence necessary to show impairment. A prosecutor doesn’t need to do anything else to show they were too drunk to drive.
DUI per se gets its name from Latin, where “per se” means “by itself.” So a BAC of .08, alone, can be enough. Since Mississippi Code Section 63-11-30 specifically states you can be convicted with a BAC at or above this level, the state is one of many that has a DUI per se law on the books.
Mitigating and Aggravating Circumstances of a Mississippi DUI
Mississippi Code Section 63-11-30 also defines an “aggravated DUI.” An aggravated DUI is a worse crime, with harsher penalties compared to a standard DUI. It’s called “aggravated” because factors involved in the case have made the offense seem deserving of more serious consequences.
An aggravated DUI in Mississippi occurs when an intoxicated person causes death or certain serious injuries to others in an impaired driving accident.
Mitigation is the opposite of aggravation. If there are factors that might reduce the severity of the offense, these are considered mitigating factors. First-time offenders and those who do not have a high BAC may be subject to lesser penalties since their offense isn’t considered as serious.