Mississippi Implied Consent Laws
Implied consent means that any holder of a Mississippi or out-of-state drivers license who is driving or operating a motor vehicle on the public highways, public roads and streets in Mississippi has given his or her “implied consent” to be tested by the police for alcohol or other substances that may be impairing that driver. The law allows police to use several types of tests: breath, blood, or urine.
The police must have reasonable grounds and probable cause to believe that you are under the influence before requesting the test. You have the right to refuse, but doing so triggers an automatic penalty of a suspension of your license. The suspension period is for 90 days, or 1 year for drivers who have a prior DUI conviction on their record.
Here’s how the suspension works if you refuse (or if you take the test and it’s over .08): the officer shall take your license and issue you a receipt which acts as a temporary license for 30 days or until the case is resolved. Your license and the officer’s report are forwarded to the Mississippi Commissioner of Public Safety for review. If they agree that you refused after being offered the test, they send you a letter stating that your license will be suspended 30 days after the receipt of that letter.
Implied consent is not a criminal offense but obviously it carries significant consequences. If you have been charged with DUI in Mississippi and also violating the implied consent law, contact Southaven DUI lawyer Patrick Stegall to protect your rights.