Commercial driver's license; remove prohibition for nonadjudication of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Harness

HOUSE BILL NO. 1350

AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE PROHIBITION FOR NONADJUDICATION OF A COMMERCIAL 2
DRIVER'S LICENSE; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is 5
amended as follows: 6
63-11-30. (1) It is unlawful for a person to drive or 7
otherwise operate a vehicle within this state if the person: 8
(a) Is under the influence of intoxicating liquor; 9
(b) Is under the influence of any other substance that 10
has impaired the person's ability to operate a motor vehicle; 11
(c) Is under the influence of any drug or controlled 12
substance, the possession of which is unlawful under the 13
Mississippi Controlled Substances Law; or 14
(d) Has an alcohol concentration in the person's blood, 15
based upon grams of alcohol per one hundred (100) milliliters of 16
blood, or grams of alcohol per two hundred ten (210) liters of 17
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breath, as shown by a chemical analysis of the person's breath, 18
blood or urine administered as authorized by this chapter, of: 19
(i) Eight one-hundredths percent (.08%) or more 20
for a person who is above the legal age to purchase alcoholic 21
beverages under state law; 22
(ii) Two one-hundredths percent (.02%) or more for 23
a person who is below the legal age to purchase alcoholic 24
beverages under state law; or 25
(iii) Four one-hundredths percent (.04%) or more 26
for a person operating a commercial motor vehicle. 27
(2) Except as otherwise provided in subsection (3) of this 28
section (Zero Tolerance for Minors): 29
(a) First offense DUI. (i) Upon conviction of any 30
person for the first offense of violating subsection (1) of this 31
section where chemical tests under Section 63-11-5 were given, or 32
where chemical test results are not available, the person shall be 33
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 34
than One Thousand Dollars ($1,000.00), or imprisoned for not more 35
than forty-eight (48) hours in jail, or both; the court shall 36
order the person to attend and complete an alcohol safety 37
education program as provided in Section 63-11-32 within six (6) 38
months of sentencing. The court may substitute attendance at a 39
victim impact panel instead of forty-eight (48) hours in jail. 40
(ii) Suspension of commercial driving privileges 41
is governed by Section 63-1-216. 42
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(iii) A qualifying first offense may be 43
nonadjudicated by the court under subsection (14) of this section. 44
* * * 45
(iv) Eligibility for an interlock-restricted 46
license is governed by Section 63-11-31 and suspension of regular 47
driving privileges is governed by Section 63-11-23. 48
(b) Second offense DUI. (i) Upon any second 49
conviction of any person violating subsection (1) of this section, 50
the offenses being committed within a period of five (5) years, 51
the person shall be guilty of a misdemeanor, fined not less than 52
Six Hundred Dollars ($600.00) nor more than One Thousand Five 53
Hundred Dollars ($1,500.00), shall be imprisoned not less than 54
five (5) days nor more than six (6) months and sentenced to 55
community service work for not less than ten (10) days nor more 56
than six (6) months. The minimum penalties shall not be suspended 57
or reduced by the court and no prosecutor shall offer any 58
suspension or sentence reduction as part of a plea bargain. 59
(ii) Suspension of commercial driving privileges 60
is governed by Section 63-1-216. 61
(iii) Eligibility for an interlock-restricted 62
license is governed by Section 63-11-31 and suspension of regular 63
driving privileges is governed by Section 63-11-23. 64
(c) Third offense DUI. (i) For a third conviction of 65
a person for violating subsection (1) of this section, the 66
offenses being committed within a period of five (5) years, the 67
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person shall be guilty of a felony and fined not less than Two 68
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 69
($5,000.00), and shall serve not less than one (1) year nor more 70
than five (5) years in the custody of the Department of 71
Corrections. For any offense that does not result in serious 72
injury or death to any person, the sentence of incarceration may 73
be served in the county jail rather than in the State Penitentiary 74
at the discretion of the circuit court judge. The minimum 75
penalties shall not be suspended or reduced by the court and no 76
prosecutor shall offer any suspension or sentence reduction as 77
part of a plea bargain. 78
(ii) The suspension of commercial driving 79
privileges is governed by Section 63-1-216. 80
(iii) The suspension of regular driving privileges 81
is governed by Section 63-11-23. 82
(d) Fourth and subsequent offense DUI. (i) For any 83
fourth or subsequent conviction of a violation of subsection (1) 84
of this section, without regard to the time period within which 85
the violations occurred, the person shall be guilty of a felony 86
and fined not less than Three Thousand Dollars ($3,000.00) nor 87
more than Ten Thousand Dollars ($10,000.00), and shall serve not 88
less than two (2) years nor more than ten (10) years in the 89
custody of the Department of Corrections. 90
(ii) The suspension of commercial driving 91
privileges is governed by Section 63-1-216. 92
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(iii) A person convicted of a fourth or subsequent 93
offense is ineligible to exercise the privilege to operate a motor 94
vehicle that is not equipped with an ignition-interlock device for 95
ten (10) years. 96
(e) Any person convicted of a second or subsequent 97
violation of subsection (1) of this section shall receive an 98
in-depth diagnostic assessment, and if as a result of the 99
assessment is determined to be in need of treatment for alcohol or 100
drug abuse, the person must successfully complete treatment at a 101
program site certified by the Department of Mental Health. Each 102
person who receives a diagnostic assessment shall pay a fee 103
representing the cost of the assessment. Each person who 104
participates in a treatment program shall pay a fee representing 105
the cost of treatment. 106
(f) The use of ignition-interlock devices is governed 107
by Section 63-11-31. 108
(3) Zero tolerance for minors. (a) This subsection shall 109
be known and may be cited as Zero Tolerance for Minors. The 110
provisions of this subsection shall apply only when a person under 111
the age of twenty-one (21) years has a blood alcohol concentration 112
of two one-hundredths percent (.02%) or more, but lower than eight 113
one-hundredths percent (.08%). If the person's blood alcohol 114
concentration is eight one-hundredths percent (.08%) or more, the 115
provisions of subsection (2) shall apply. 116
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(b) (i) A person under the age of twenty-one (21) is 117
eligible for nonadjudication of a qualifying first offense by the 118
court pursuant to subsection (14) of this section. 119
(ii) Upon conviction of any person under the age 120
of twenty-one (21) years for the first offense of violating 121
subsection (1) of this section where chemical tests provided for 122
under Section 63-11-5 were given, or where chemical test results 123
are not available, the person shall be fined Two Hundred Fifty 124
Dollars ($250.00); the court shall order the person to attend and 125
complete an alcohol safety education program as provided in 126
Section 63-11-32 within six (6) months. The court may also 127
require attendance at a victim impact panel. 128
(c) A person under the age of twenty-one (21) years who 129
is convicted of a second violation of subsection (1) of this 130
section, the offenses being committed within a period of five (5) 131
years, shall be fined not more than Five Hundred Dollars 132
($500.00). 133
(d) A person under the age of twenty-one (21) years who 134
is convicted of a third or subsequent violation of subsection (1) 135
of this section, the offenses being committed within a period of 136
five (5) years, shall be fined not more than One Thousand Dollars 137
($1,000.00). 138
(e) License suspension is governed by Section 63-11-23 139
and ignition interlock is governed by Section 63-11-31. 140
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(f) Any person under the age of twenty-one (21) years 141
convicted of a third or subsequent violation of subsection (1) of 142
this section must complete treatment of an alcohol or drug abuse 143
program at a site certified by the Department of Mental Health. 144
(4) DUI test refusal. In addition to the other penalties 145
provided in this section, every person refusing a law enforcement 146
officer's request to submit to a chemical test of the person's 147
breath as provided in this chapter, or who was unconscious at the 148
time of a chemical test and refused to consent to the introduction 149
of the results of the test in any prosecution, shall suffer an 150
additional administrative suspension of driving privileges as set 151
forth in Section 63-11-23. 152
(5) Aggravated DUI. (a) (i) Except as otherwise provided 153
in subparagraph (ii) of this paragraph (a), every person who 154
operates any motor vehicle in violation of the provisions of 155
subsection (1) of this section and who in a negligent manner 156
causes the death of another or mutilates, disfigures, permanently 157
disables or destroys the tongue, eye, lip, nose or any other limb, 158
organ or member of another shall, upon conviction, be guilty of a 159
separate felony for each victim who suffers death, mutilation, 160
disfigurement or other injury and shall be committed to the 161
custody of the State Department of Corrections for a period of 162
time of not less than five (5) years and not to exceed twenty-five 163
(25) years for each death, mutilation, disfigurement or other 164
injury, and the imprisonment for the second or each subsequent 165
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conviction, in the discretion of the court, shall commence either 166
at the termination of the imprisonment for the preceding 167
conviction or run concurrently with the preceding conviction. Any 168
person charged with causing the death of another as described in 169
this subsection shall be required to post bail before being 170
released after arrest. 171
(ii) Every person who is below the legal age to 172
purchase alcoholic beverages under state law and has an alcohol 173
concentration in the person's blood, based upon grams of alcohol 174
per one hundred (100) milliliters of blood, or grams of alcohol 175
per two hundred ten (210) liters of breath, as shown by a chemical 176
analysis of the person's breath, blood or urine administered as 177
authorized by this chapter, of eight one-hundredths percent 178
(0.08%) or more and who in a negligent manner causes the death of 179
another or mutilates, disfigures, permanently disables or destroys 180
the tongue, eye, lip, nose or any other limb, organ or member of 181
another shall, upon conviction, be guilty of a separate felony for 182
each victim who suffers death, mutilation, disfigurement or other 183
injury and shall be committed to the custody of the State 184
Department of Corrections for a period of time not less than five 185
(5) years and not to exceed twenty-five (25) years for each death, 186
mutilation, disfigurement or other injury, and the imprisonment 187
for the second or each subsequent conviction, in the discretion of 188
the court, shall commence either at the termination of the 189
imprisonment for the preceding conviction or run concurrently with 190
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the preceding conviction. Any such person charged with causing 191
the death of another as described in this subparagraph shall be 192
required to post bail before being released after arrest. 193
(b) A holder of a commercial driver's license who is 194
convicted of operating a commercial motor vehicle with an alcohol 195
concentration of eight one-hundredths percent (.08%) or more shall 196
be guilty of a felony and shall be committed to the custody of the 197
Department of Corrections for not less than two (2) years and not 198
more than ten (10) years. 199
(c) The court shall order an ignition-interlock 200
restriction on the offender's privilege to drive as a condition of 201
probation or post-release supervision not to exceed five (5) years 202
unless a longer restriction is required under other law. The 203
ignition-interlock restriction shall not be applied to commercial 204
license privileges until the driver serves the full 205
disqualification period required by Section 63-1-216. 206
(6) DUI citations. (a) Upon conviction of a violation of 207
subsection (1) of this section, the trial judge shall sign in the 208
place provided on the traffic ticket, citation or affidavit 209
stating that the person arrested either employed an attorney or 210
waived his right to an attorney after having been properly 211
advised. If the person arrested employed an attorney, the name, 212
address and telephone number of the attorney shall be written on 213
the ticket, citation or affidavit. The court clerk must 214
immediately send a copy of the traffic ticket, citation or 215
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affidavit, and any other pertinent documents concerning the 216
conviction or other order of the court, to the Department of 217
Public Safety as provided in Section 63-11-37. 218
(b) A copy of the traffic ticket, citation or affidavit 219
and any other pertinent documents, having been attested as true 220
and correct by the Commissioner of Public Safety, or his designee, 221
shall be sufficient proof of the conviction for purposes of 222
determining the enhanced penalty for any subsequent convictions of 223
violations of subsection (1) of this section. The Department of 224
Public Safety shall maintain a central database for verification 225
of prior offenses and convictions. 226
(7) Out-of-state prior convictions. Convictions in another 227
state, territory or possession of the United States, or under the 228
law of a federally recognized Native American tribe, of violations 229
for driving or operating a vehicle while under the influence of an 230
intoxicating liquor or while under the influence of any other 231
substance that has impaired the person's ability to operate a 232
motor vehicle occurring within five (5) years before an offense 233
shall be counted for the purposes of determining if a violation of 234
subsection (1) of this section is a second, third, fourth or 235
subsequent offense and the penalty that shall be imposed upon 236
conviction for a violation of subsection (1) of this section. 237
(8) Charging of subsequent offenses. (a) For the purposes 238
of determining how to impose the sentence for a second, third, 239
fourth or subsequent conviction under this section, the affidavit 240
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or indictment shall not be required to enumerate previous 241
convictions. It shall only be necessary that the affidavit or 242
indictment states the number of times that the defendant has been 243
convicted and sentenced within the past five (5) years for a 244
second or third offense, or without a time limitation for a fourth 245
or subsequent offense, under this section to determine if an 246
enhanced penalty shall be imposed. The amount of fine and 247
imprisonment imposed in previous convictions shall not be 248
considered in calculating offenses to determine a second, third, 249
fourth or subsequent offense of this section. 250
(b) Before a defendant enters a plea of guilty to an 251
offense under this section, law enforcement must submit 252
certification to the prosecutor that the defendant's driving 253
record, the confidential registry and National Crime Information 254
Center record have been searched for all prior convictions, 255
nonadjudications, pretrial diversions and arrests for driving or 256
operating a vehicle while under the influence of an intoxicating 257
liquor or while under the influence of any other substance that 258
has impaired the person's ability to operate a motor vehicle. The 259
results of the search must be included in the certification. 260
(9) License eligibility for underage offenders. A person 261
who is under the legal age to obtain a license to operate a motor 262
vehicle at the time of the offense and who is convicted under this 263
section shall not be eligible to receive a driver's license until 264
the person reaches the age of eighteen (18) years. 265
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(10) License suspensions and restrictions to run 266
consecutively. Suspension or restriction of driving privileges 267
for any person convicted of or nonadjudicated for violations of 268
subsection (1) of this section shall run consecutively to and not 269
concurrently with any other administrative license suspension. 270
(11) Ignition interlock. If the court orders installation 271
and use of an ignition-interlock device as provided in Section 272
63-11-31 for every vehicle operated by a person convicted or 273
nonadjudicated under this section, each device shall be installed, 274
maintained and removed as provided in Section 63-11-31. 275
(12) DUI child endangerment. A person over the age of 276
twenty-one (21) who violates subsection (1) of this section while 277
transporting in a motor vehicle a child under the age of sixteen 278
(16) years is guilty of the separate offense of endangering a 279
child by driving under the influence of alcohol or any other 280
substance which has impaired the person's ability to operate a 281
motor vehicle. The offense of endangering a child by driving 282
under the influence of alcohol or any other substance which has 283
impaired the person's ability to operate a motor vehicle shall not 284
be merged with an offense of violating subsection (1) of this 285
section for the purposes of prosecution and sentencing. An 286
offender who is convicted of a violation of this subsection shall 287
be punished as follows: 288
(a) A person who commits a violation of this subsection 289
which does not result in the serious injury or death of a child 290
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and which is a first conviction shall be guilty of a misdemeanor 291
and, upon conviction, shall be fined not more than One Thousand 292
Dollars ($1,000.00) or shall be imprisoned for not more than 293
twelve (12) months, or both; 294
(b) A person who commits a violation of this subsection 295
which does not result in the serious injury or death of a child 296
and which is a second conviction shall be guilty of a misdemeanor 297
and, upon conviction, shall be fined not less than One Thousand 298
Dollars ($1,000.00) nor more than Five Thousand Dollars 299
($5,000.00) or shall be imprisoned for one (1) year, or both; 300
(c) A person who commits a violation of this subsection 301
which does not result in the serious injury or death of a child 302
and which is a third or subsequent conviction shall be guilty of a 303
felony and, upon conviction, shall be fined not less than Ten 304
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 305
than one (1) year nor more than five (5) years, or both; and 306
(d) A person who commits a violation of this subsection 307
which results in the serious injury or death of a child, without 308
regard to whether the offense was a first, second, third or 309
subsequent offense, shall be guilty of a felony and, upon 310
conviction, shall be punished by a fine of not less than Ten 311
Thousand Dollars ($10,000.00) and shall be imprisoned for not less 312
than five (5) years nor more than twenty-five (25) years. 313
(13) Expunction. (a) Any person convicted under subsection 314
(2) or (3) of this section of a first offense of driving under the 315
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influence and who was not the holder of a commercial driver's 316
license or a commercial learning permit at the time of the offense 317
may petition the circuit court of the county in which the 318
conviction was had for an order to expunge the record of the 319
conviction at least five (5) years after successful completion of 320
all terms and conditions of the sentence imposed for the 321
conviction. Expunction under this subsection will only be 322
available to a person: 323
(i) Who has successfully completed all terms and 324
conditions of the sentence imposed for the conviction; 325
(ii) Who did not refuse to submit to a test of his 326
blood or breath; 327
(iii) Whose blood alcohol concentration tested 328
below sixteen one-hundredths percent (.16%) if test results are 329
available; 330
(iv) Who has not been convicted of and does not 331
have pending any other offense of driving under the influence; 332
(v) Who has provided the court with justification 333
as to why the conviction should be expunged; and 334
(vi) Who has not previously had a nonadjudication 335
or expunction of a violation of this section. 336
(b) A person is eligible for only one (1) expunction 337
under this subsection, and the Department of Public Safety shall 338
maintain a permanent confidential registry of all cases of 339
expunction under this subsection for the sole purpose of 340
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determining a person's eligibility for expunction, for 341
nonadjudication, or as a first offender under this section. 342
(c) The court in its order of expunction shall state in 343
writing the justification for which the expunction was granted and 344
forward the order to the Department of Public Safety within five 345
(5) days of the entry of the order. 346
(14) Nonadjudication. (a) For the purposes of this 347
chapter, "nonadjudication" means that the court withholds 348
adjudication of guilt and sentencing, either at the conclusion of 349
a trial on the merits or upon the entry of a plea of guilt by a 350
defendant, and places the defendant in a nonadjudication program 351
conditioned upon the successful completion of the requirements 352
imposed by the court under this subsection. 353
(b) A person is eligible for nonadjudication of an 354
offense under this Section 63-11-30 only one (1) time under any 355
provision of a law that authorizes nonadjudication and only for an 356
offender: 357
(i) Who has successfully completed all terms and 358
conditions imposed by the court after placement of the defendant 359
in a nonadjudication program; 360
* * * 361
( * * *ii) Who has not previously been convicted 362
of and does not have pending any former or subsequent charges 363
under this section; and 364
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( * * *iii) Who has provided the court with 365
justification as to why nonadjudication is appropriate. 366
(c) Nonadjudication may be initiated upon the filing of 367
a petition for nonadjudication or at any stage of the proceedings 368
in the discretion of the court; the court may withhold 369
adjudication of guilt, defer sentencing, and upon the agreement of 370
the offender to participate in a nonadjudication program, enter an 371
order imposing requirements on the offender for a period of court 372
supervision before the order of nonadjudication is entered. 373
Failure to successfully complete a nonadjudication program 374
subjects the person to adjudication of the charges against him and 375
to imposition of all penalties previously withheld due to entrance 376
into a nonadjudication program. The court shall immediately 377
inform the commissioner of the conviction as required in Section 378
63-11-37. 379
(i) The court shall order the person to: 380
1. Pay the nonadjudication fee imposed under 381
Section 63-11-31 if applicable; 382
2. Pay all fines, penalties and assessments 383
that would have been imposed for conviction; 384
3. Attend and complete an alcohol safety 385
education program as provided in Section 63-11-32 within six (6) 386
months of the date of the order; 387
4. a. If the court determines that the 388
person violated this section with respect to alcohol or 389
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intoxicating liquor, the person must install an ignition-interlock 390
device on every motor vehicle operated by the person, obtain an 391
interlock-restricted license, and maintain that license for one 392
hundred twenty (120) days or suffer a one-hundred-twenty-day 393
suspension of the person's regular driver's license, during which 394
time the person must not operate any vehicle. 395
b. If the court determines that the 396
person violated this section by operating a vehicle when under the 397
influence of a substance other than alcohol that has impaired the 398
person's ability to operate a motor vehicle, including any drug or 399
controlled substance which is unlawful to possess under the 400
Mississippi Controlled Substances Law, the person must submit to a 401
one-hundred-twenty-day period of a nonadjudication program that 402
includes court-ordered drug testing at the person's own expense 403
not less often than every thirty (30) days, during which time the 404
person may drive if compliant with the terms of the program, or 405
suffer a one-hundred-twenty-day suspension of the person's regular 406
driver's license, during which time the person will not operate 407
any vehicle. 408
(ii) Other conditions that may be imposed by the 409
court include, but are not limited to, alcohol or drug screening, 410
or both, proof that the person has not committed any other traffic 411
violations while under court supervision, proof of immobilization 412
or impoundment of vehicles owned by the offender if required, and 413
attendance at a victim-impact panel. 414
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(d) The court may enter an order of nonadjudication 415
only if the court finds, after a hearing or after ex parte 416
examination of reliable documentation of compliance, that the 417
offender has successfully completed all conditions imposed by law 418
and previous orders of the court. The court shall retain 419
jurisdiction over cases involving nonadjudication for a period of 420
not more than two (2) years. 421
(e) (i) The clerk shall immediately forward a record 422
of every person placed in a nonadjudication program and of every 423
nonadjudication order to the Department of Public Safety for 424
inclusion in the permanent confidential registry of all cases that 425
are nonadjudicated under this subsection (14). 426
(ii) Judges, clerks and prosecutors involved in 427
the trial of implied consent violations and law enforcement 428
officers involved in the issuance of citations for implied consent 429
violations shall have secure online access to the confidential 430
registry for the purpose of determining whether a person has 431
previously been the subject of a nonadjudicated case and 1. is 432
therefore ineligible for another nonadjudication; 2. is ineligible 433
as a first offender for a violation of this section; or 3. is 434
ineligible for expunction of a conviction of a violation of this 435
section. 436
(iii) The Driver Services Bureau of the department 437
shall have access to the confidential registry for the purpose of 438
determining whether a person is eligible for a form of license not 439
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ST: Commercial driver's license; remove
prohibition for nonadjudication of.
restricted to operating a vehicle equipped with an 440
ignition-interlock device. 441
(iv) The Mississippi Alcohol Safety Education 442
Program shall have secure online access to the confidential 443
registry for research purposes only. 444
(15) The provisions of this section are fully applicable to 445
any person who is under the influence of medical cannabis that is 446
lawful under the Mississippi Medical Cannabis Act and in 447
compliance with rules and regulations adopted thereunder which has 448
impaired the person's ability to operate a motor vehicle. 449
SECTION 2. This act shall take effect and be in force from 450
and after July 1, 2026. 451