Mississippi HB 1228: DUI; revise license suspension for test refusal if licensee pleads guilty.

Bill Text

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2022

By: Representative Evans (91st)

HOUSE BILL NO. 1228

AN ACT TO AMEND SECTIONS 63-11-5 AND 63-11-23, MISSISSIPPI 1
CODE OF 1972, TO REVISE LICENSE SUSPENSION REQUIREMENTS FOR TEST 2
REFUSAL IF THE LICENSEE SUBSEQUENTLY PLEADS GUILTY; AND FOR 3
RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 63-11-5, Mississippi Code of 1972, is 6
amended as follows: 7
63-11-5. (1) (a) Any person who operates a motor vehicle 8
upon the public highways, public roads * * * or streets of this 9
state shall be deemed to have given his consent, subject to the 10
provisions of this chapter, to a chemical test or tests of his 11
breath, blood or urine for the purpose of determining alcohol 12
concentration. A person shall give his consent to a chemical test 13
or tests of his breath, blood or urine for the purpose of 14
determining the presence in his body of any other substance which 15
would impair a person's ability to operate a motor vehicle. 16
(b) The test or tests shall be administered at the 17
direction of any authorized officer, when such officer has 18
reasonable grounds and probable cause to believe that the person 19

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was driving or had under his actual physical control a motor 20
vehicle upon the public streets or highways of this state while 21
under the influence of intoxicating liquor or any other substance 22
which had impaired such person's ability to operate a motor 23
vehicle. 24
(2) (a) A breath analysis test must be administered by a 25
person who has met all the educational and training requirements 26
of the appropriate course of study prescribed by the Board on Law 27
Enforcement * * * Officer Standards and Training; however, 28
sheriffs and elected chiefs of police are exempt from the 29
educational and training requirement. A breath analysis test must 30
not be given to any person within fifteen (15) minutes of 31
consumption of any substance by mouth. 32
(b) For purposes of this section, the term "authorized 33
officer" means any highway patrol officer, sheriff or his duly 34
commissioned deputies, police officer in any incorporated 35
municipality, national park ranger, officer of a state-supported 36
institution of higher learning campus police force if such officer 37
is exercising this authority in regard to a violation that 38
occurred on campus property, or security officer appointed and 39
commissioned pursuant to the Pearl River Valley Water Supply 40
District Security Officer Law of 1978 if such officer is 41
exercising this authority in regard to a violation that occurred 42
within the limits of the Pearl River Valley Water Supply District. 43

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(3) If the officer has reasonable grounds and probable cause 44
to believe such person to have been driving a motor vehicle upon 45
the public highways, public roads * * * or streets of this state 46
while under the influence of intoxicating liquor or any other 47
substance that has impaired the person's ability to operate a 48
motor vehicle, the officer shall inform the person that his 49
failure to submit to such chemical test or tests of his breath, 50
blood or urine shall result in the suspension of his privilege to 51
operate a motor vehicle upon the public streets * * *, roads or 52
highways of this state for a period of ninety (90) days if the 53
person has not previously been convicted of a violation of Section 54
63-11-30, or * * * for a period of one (1) year if the person has 55
a prior conviction under Section 63-11-30. If the person who 56
failed to submit to such chemical test or tests of his breath 57
should, at the trial of his charge for driving under the 58
influence, subsequently enters a plea of guilty to the charge, the 59
suspension of the privilege to operate a motor vehicle upon the 60
public streets and highways of this state shall be set aside and 61
otherwise terminated. 62
(4) The traffic ticket, citation or affidavit issued to a 63
person arrested for a violation of this chapter shall conform to 64
the requirements of Section 63-9-21(3)(b) * * * and, if filed 65
electronically, shall conform to Section 63-9-21(8). 66
(5) Any person arrested under the provisions of this chapter 67
shall be informed that he has the right to telephone for the 68

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purpose of requesting legal or medical assistance immediately 69
after being booked for a violation under this chapter. 70
(6) The Commissioner of Public Safety and the Mississippi 71
Forensics Laboratory created pursuant to Section 45-1-17 are 72
authorized to adopt procedures, rules and regulations applicable 73
to the Implied Consent Law. 74
SECTION 2. Section 63-11-23, Mississippi Co