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Implied Consent Law in Mississippi

A person operating a motor vehicle on public roads in Mississippi is considered to have given his consent to a test of his breath, blood, or urine to determine if he is under the influence of alcohol or other controlled substances.  The person administering the test must have met educational and training requirements.    A police officer who reasonably suspects a driver of DUI can request a chemical test for BAC.  The police officer must inform that driver that if he refuses to submit to the chemical test, then his license will be suspended for 90 days if this is the driver’s first suspension or refusal or 1 year if he has prior suspensions or refusals.  Refusing a chemical test is a civil matter, not a criminal matter, and will result in a chemical test refusal hearing.

If the driver is unconscious, dead, or in a condition that makes him incapable of refusal, he shall be subjected a blood test to determine BAC if the officer reasonably suspects DUI.  However, the results of this test cannot be brought as evidence at trial without the driver’s, or his legal representative’s, consent.

A driver who is tested for DUI may, at his own expense, have a qualified person who is approved by the state crime laboratory administers additional tests that measure BAC levels.

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