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Testing and evidence

Implied consent and refusal in Mississippi

The test requested, legal grounds and applicable statute matter.

Under the cited refusal rule in Mississippi: Test-refusal suspension: 90 days without a prior DUI conviction or nonadjudication; 1 year with one.. The conditions below identify its scope. A roadside screening request, an evidential test and a warrant are not interchangeable legal grounds.

What a refusal does in Mississippi

Suspension length after a refusal
Test-refusal suspension: 90 days without a prior DUI conviction or nonadjudication; 1 year with one.
  • The notice sets suspension to begin 30 days after its date, rather than immediately. Court-ordered interlock-restricted driving or a drug-testing program may permit continued driving.
Verified Miss. Code Ann. § 63-11-23Official source (opens in a new tab)
Other consequences of refusing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Roadside tests and chemical tests are different things

Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Check the suspension notice or order and the licensing agency’s official instructions. Do not rely on the criminal court date.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
After a refusal
Test-refusal suspension: 90 days without a prior DUI conviction or nonadjudication; 1 year with one.
  • The notice sets suspension to begin 30 days after its date, rather than immediately. Court-ordered interlock-restricted driving or a drug-testing program may permit continued driving.
Verified Miss. Code Ann. § 63-11-23Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08% or more for a driver of legal drinking age.
Verified Miss. Code Ann. § 63-11-30Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.