DUI; revise elements and penalties.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horan

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1609

AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, 1
TO REVISE ELEMENTS AND PENALTIES FOR DRIVING UNDER THE INFLUENCE; 2
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 that 9
has impaired the person's ability to operate a motor vehicle; 10
(b) Is under the influence of any other substance that 11
has impaired the person's ability to operate a motor vehicle; 12
(c) Is under the influence of any drug or controlled 13
substance, the possession of which is unlawful under the 14
Mississippi Controlled Substances Law; or 15
(d) Has an alcohol concentration in the person's blood, 16
based upon grams of alcohol per one hundred (100) milliliters of 17
blood, or grams of alcohol per two hundred ten (210) liters of 18
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breath, as shown by a chemical analysis of the person's breath, 19
blood or urine administered as authorized by this chapter, of: 20
(i) Eight one-hundredths percent (.08%) or more 21
for a person who is above the legal age to purchase alcoholic 22
beverages under state law; 23
(ii) Two one-hundredths percent (.02%) or more for 24
a person who is below the legal age to purchase alcoholic 25
beverages under state law; or 26
(iii) Four one-hundredths percent (.04%) or more 27
for a person operating a commercial motor vehicle. 28
(2) Except as otherwise provided in subsection (3) of this 29
section (Zero Tolerance for Minors): 30
(a) First offense DUI. (i) Upon conviction of any 31
person for the first offense of violating subsection (1) of this 32
section where chemical tests under Section 63-11-5 were given, or 33
where chemical test results are not available, the person shall be 34
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 35
than One Thousand Dollars ($1,000.00), or imprisoned for not more 36
than forty-eight (48) hours in jail, or both; the court shall 37
order the person to attend and complete an alcohol safety 38
education program as provided in Section 63-11-32 within six (6) 39
months of sentencing. The court may substitute attendance at a 40
victim impact panel instead of forty-eight (48) hours in jail. 41
(ii) Suspension of commercial driving privileges 42
is governed by Section 63-1-216. 43
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(iii) A qualifying first offense may be 44
nonadjudicated by the court under subsection (14) of this section. 45
The holder of a commercial driver's license or a commercial 46
learning permit at the time of the offense is ineligible for 47
nonadjudication. 48
(iv) Eligibility for an interlock-restricted 49
license is governed by Section 63-11-31 and suspension of regular 50
driving privileges is governed by Section 63-11-23. 51
(b) Second offense DUI. (i) Upon any second 52
conviction of any person violating subsection (1) of this section, 53
the offenses being committed within a period of five (5) years, 54
the person shall be guilty of a misdemeanor, fined not less than 55
Six Hundred Dollars ($600.00) nor more than One Thousand Five 56
Hundred Dollars ($1,500.00), shall be imprisoned not less than 57
five (5) days nor more than six (6) months and sentenced to 58
community service work for not less than ten (10) days nor more 59
than six (6) months. The minimum penalties shall not be suspended 60
or reduced by the court and no prosecutor shall offer any 61
suspension or sentence reduction as part of a plea bargain. 62
(ii) Suspension of commercial driving privileges 63
is governed by Section 63-1-216. 64
(iii) Eligibility for an interlock-restricted 65
license is governed by Section 63-11-31 and suspension of regular 66
driving privileges is governed by Section 63-11-23. 67
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(c) Third offense DUI. (i) For a third conviction of 68
a person for violating subsection (1) of this section, the 69
offenses being committed within a period of five (5) years, the 70
person shall be guilty of a felony and fined not less than Two 71
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 72
($5,000.00), and shall serve not less than one (1) year nor more 73
than five (5) years in the custody of the Department of 74
Corrections. For any offense that does not result in serious 75
injury or death to any person, the sentence of incarceration may 76
be served in the county jail rather than in the State Penitentiary 77
at the discretion of the circuit court judge. The minimum 78
penalties shall not be suspended or reduced by the court and no 79
prosecutor shall offer any suspension or sentence reduction as 80
part of a plea bargain. 81
(ii) The suspension of commercial driving 82
privileges is governed by Section 63-1-216. 83
(iii) The suspension of regular driving privileges 84
is governed by Section 63-11-23. 85
(d) Fourth and subsequent offense DUI. (i) For any 86
fourth or subsequent conviction of a violation of subsection (1) 87
of this section, without regard to the time period within which 88
the violations occurred, the person shall be guilty of a felony 89
and fined not less than Three Thousand Dollars ($3,000.00) nor 90
more than Ten Thousand Dollars ($10,000.00), and shall serve not 91
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less than two (2) years nor more than ten (10) years in the 92
custody of the Department of Corrections. 93
(ii) The suspension of commercial driving 94
privileges is governed by Section 63-1-216. 95
(iii) A person convicted of a fourth or subsequent 96
offense is ineligible to exercise the privilege to operate a motor 97
vehicle that is not equipped with an ignition-interlock device for 98
ten (10) years. 99
(e) Any person convicted of a second or subsequent 100
violation of subsection (1) of this section shall receive an 101
in-depth diagnostic assessment, and if as a result of the 102
assessment is determined to be in need of treatment for alcohol or 103
drug abuse, the person must successfully complete treatment at a 104
program site certified by the Department of Mental Health. Each 105
person who receives a diagnostic assessment shall pay a fee 106
representing the cost of the assessment. Each person who 107
participates in a treatment program shall pay a fee representing 108
the cost of treatment. 109
(f) The use of ignition-interlock devices is governed 110
by Section 63-11-31. 111
(3) Zero tolerance for minors. (a) This subsection shall 112
be known and may be cited as Zero Tolerance for Minors. The 113
provisions of this subsection shall apply only when a person under 114
the age of twenty-one (21) years has a blood alcohol concentration 115
of two one-hundredths percent (.02%) or more, but lower than eight 116
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one-hundredths percent (.08%). If the person's blood alcohol 117
concentration is eight one-hundredths percent (.08%) or more, the 118
provisions of subsection (2) shall apply. 119
(b) (i) A person under the age of twenty-one (21) is 120
eligible for nonadjudication of a qualifying first offense by the 121
court pursuant to subsection (14) of this section. 122
(ii) Upon conviction of any person under the age 123
of twenty-one (21) years for the first offense of violating 124
subsection (1) of this section where chemical tests provided for 125
under Section 63-11-5 were given, or where chemical test results 126
are not available, the person shall be fined Two Hundred Fifty 127
Dollars ($250.00); the court shall order the person to attend and 128
complete an alcohol safety education program as provided in 129
Section 63-11-32 within six (6) months. The court may also 130
require attendance at a victim impact panel. 131
(c) A person under the age of twenty-one (21) years who 132
is convicted of a second violation of subsection (1) of this 133
section, the offenses being committed within a period of five (5) 134
years, shall be fined not more than Five Hundred Dollars 135
($500.00). 136
(d) A person under the age of twenty-one (21) years who 137
is convicted of a third or subsequent violation of subsection (1) 138
of this section, the offenses being committed within a period of 139
five (5) years, shall be fined not more than One Thousand Dollars 140
($1,000.00). 141
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(e) License suspension is governed by Section 63-11-23 142
and ignition interlock is governed by Section 63-11-31. 143
(f) Any person under the age of twenty-one (21) years 144
convicted of a third or subsequent violation of subsection (1) of 145
this section must complete treatment of an alcohol or drug abuse 146
program at a site certified by the Department of Mental Health. 147
(4) DUI test refusal. In addition to the other penalties 148
provided in this section, every person refusing a law enforcement 149
officer's request to submit to a chemical test of the person's 150
breath as provided in this chapter, or who was unconscious at the 151
time of a chemical test and refused to consent to the introduction 152
of the results of the test in any prosecution, shall suffer an 153
additional administrative suspension of driving privileges as set 154
forth in Section 63-11-23. 155
(5) Aggravated DUI. (a) (i) Except as otherwise provided 156
in subparagraph (ii) of this paragraph (a), every person who 157
operates any motor vehicle in violation of the provisions of 158
subsection (1) of this section and who in a negligent manner 159
causes the death of another or mutilates, disfigures, permanently 160
disables or destroys the tongue, eye, lip, nose or any other limb, 161
organ or member of another shall, upon conviction, be guilty of a 162
separate felony for each victim who suffers death, mutilation, 163
disfigurement or other injury and shall be committed to the 164
custody of the State Department of Corrections for a period of 165
time of not less than five (5) years and not to exceed twenty-five 166
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(25) years for each death, mutilation, disfigurement or other 167
injury, and the imprisonment for the second or each subsequent 168
conviction, in the discretion of the court, shall commence either 169
at the termination of the imprisonment for the preceding 170
conviction or run concurrently with the preceding conviction. Any 171
person charged with causing the death of another as described in 172
this subsection shall be required to post bail before being 173
released after arrest. 174
(ii) Every person who is below the legal age to 175
purchase alcoholic beverages under state law and has an alcohol 176
concentration in the person's blood, based upon grams of alcohol 177
per one hundred (100) milliliters of blood, or grams of alcohol 178
per two hundred ten (210) liters of breath, as shown by a chemical 179
analysis of the person's breath, blood or urine administered as 180
authorized by this chapter, of eight one-hundredths percent 181
(0.08%) or more and who in a negligent manner causes the death of 182
another or mutilates, disfigures, permanently disables or destroys 183
the tongue, eye, lip, nose or any other limb, organ or member of 184
another shall, upon conviction, be guilty of a separate felony for 185
each victim who suffers death, mutilation, disfigurement or other 186
injury and shall be committed to the custody of the State 187
Department of Corrections for a period of time not less than five 188
(5) years and not to exceed twenty-five (25) years for each death, 189
mutilation, disfigurement or other injury, and the imprisonment 190
for the second or each subsequent conviction, in the discretion of 191
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the court, shall commence either at the termination of the 192
imprisonment for the preceding conviction or run concurrently with 193
the preceding conviction. Any such person charged with causing 194
the death of another as described in this subparagraph shall be 195
required to post bail before being released after arrest. 196
(b) A holder of a commercial driver's license who is 197
convicted of operating a commercial motor vehicle with an alcohol 198
concentration of eight one-hundredths percent (.08%) or more shall 199
be guilty of a felony and shall be committed to the custody of the 200
Department of Corrections for not less than two (2) years and not 201
more than ten (10) years. 202
(c) The court shall order an ignition-interlock 203
restriction on the offender's privilege to drive as a condition of 204
probation or post-release supervision not to exceed five (5) years 205
unless a longer restriction is required under other law. The 206
ignition-interlock restriction shall not be applied to commercial 207
license privileges until the driver serves the full 208
disqualification period required by Section 63-1-216. 209
(6) DUI citations. (a) Upon conviction of a violation of 210
subsection (1) of this section, the trial judge shall sign in the 211
place provided on the traffic ticket, citation or affidavit 212
stating that the person arrested either employed an attorney or 213
waived his right to an attorney after having been properly 214
advised. If the person arrested employed an attorney, the name, 215
address and telephone number of the attorney shall be written on 216
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the ticket, citation or affidavit. The court clerk must 217
immediately send a copy of the traffic ticket, citation or 218
affidavit, and any other pertinent documents concerning the 219
conviction or other order of the court, to the Department of 220
Public Safety as provided in Section 63-11-37. 221
(b) A copy of the traffic ticket, citation or affidavit 222
and any other pertinent documents, having been attested as true 223
and correct by the Commissioner of Public Safety, or his designee, 224
shall be sufficient proof of the conviction for purposes of 225
determining the enhanced penalty for any subsequent convictions of 226
violations of subsection (1) of this section. The Department of 227
Public Safety shall maintain a central database for verification 228
of prior offenses and convictions. 229
(7) Out-of-state prior convictions. Convictions in another 230
state, territory or possession of the United States, or under the 231
law of a federally recognized Native American tribe, of violations 232
for driving or operating a vehicle while under the influence of an 233
intoxicating liquor or while under the influence of any other 234
substance that has impaired the person's ability to operate a 235
motor vehicle occurring within five (5) years before an offense 236
shall be counted for the purposes of determining if a violation of 237
subsection (1) of this section is a second, third, fourth or 238
subsequent offense and the penalty that shall be imposed upon 239
conviction for a violation of subsection (1) of this section. 240
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(8) Charging of subsequent offenses. (a) For the purposes 241
of determining how to impose the sentence for a second, third, 242
fourth or subsequent conviction under this section, the affidavit 243
or indictment shall not be required to enumerate previous 244
convictions. It shall only be necessary that the affidavit or 245
indictment states the number of times that the defendant has been 246
convicted and sentenced within the past five (5) years for a 247
second or third offense, or without a time limitation for a fourth 248
or subsequent offense, under this section to determine if an 249
enhanced penalty shall be imposed. The amount of fine and 250
imprisonment imposed in previous convictions shall not be 251
considered in calculating offenses to determine a second, third, 252
fourth or subsequent offense of this section. 253
(b) Before a defendant enters a plea of guilty to an 254
offense under this section, law enforcement must submit 255
certification to the prosecutor that the defendant's driving 256
record, the confidential registry and National Crime Information 257
Center record have been searched for all prior convictions, 258
nonadjudications, pretrial diversions and arrests for driving or 259
operating a vehicle while under the influence of an intoxicating 260
liquor or while under the influence of any other substance that 261
has impaired the person's ability to operate a motor vehicle. The 262
results of the search must be included in the certification. 263
(9) License eligibility for underage offenders. A person 264
who is under the legal age to obtain a license to operate a motor 265
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vehicle at the time of the offense and who is convicted under this 266
section shall not be eligible to receive a driver's license until 267
the person reaches the age of eighteen (18) years. 268
(10) License suspensions and restrictions to run 269
consecutively. Suspension or restriction of driving privileges 270
for any person convicted of or nonadjudicated for violations of 271
subsection (1) of this section shall run consecutively to and not 272
concurrently with any other administrative license suspension. 273
(11) Ignition interlock. If the court orders installation 274
and use of an ignition-interlock device as provided in Section 275
63-11-31 for every vehicle operated by a person convicted or 276
nonadjudicated under this section, each device shall be installed, 277
maintained and removed as provided in Section 63-11-31. 278
(12) DUI child endangerment. A person over the age of 279
twenty-one (21) who violates subsection (1) of this section while 280
transporting in a motor vehicle a child under the age of sixteen 281
(16) years is guilty of the separate offense of endangering a 282
child by driving under the influence of alcohol or any other 283
substance which has impaired the person's ability to operate a 284
motor vehicle. The offense of endangering a child by driving 285
under the influence of alcohol or any other substance which has 286
impaired the person's ability to operate a motor vehicle shall not 287
be merged with an offense of violating subsection (1) of this 288
section for the purposes of prosecution and sentencing. An 289
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offender who is convicted of a violation of this subsection shall 290
be punished as follows: 291
(a) A person who commits a violation of this subsection 292
which does not result in the serious injury or death of a child 293
and which is a first conviction shall be guilty of a misdemeanor 294
and, upon conviction, shall be fined not more than One Thousand 295
Dollars ($1,000.00) or shall be imprisoned for not more than 296
twelve (12) months, or both; 297
(b) A person who commits a violation of this subsection 298
which does not result in the serious injury or death of a child 299
and which is a second conviction shall be guilty of a misdemeanor 300
and, upon conviction, shall be fined not less than One Thousand 301
Dollars ($1,000.00) nor more than Five Thousand Dollars 302
($5,000.00) or shall be imprisoned for one (1) year, or both; 303
(c) A person who commits a violation of this subsection 304
which does not result in the serious injury or death of a child 305
and which is a third or subsequent conviction shall be guilty of a 306
felony and, upon conviction, shall be fined not less than Ten 307
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 308
than one (1) year nor more than five (5) years, or both; and 309
(d) A person who commits a violation of this subsection 310
which results in the serious injury or death of a child, without 311
regard to whether the offense was a first, second, third or 312
subsequent offense, shall be guilty of a felony and, upon 313
conviction, shall be punished by a fine of not less than Ten 314
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Thousand Dollars ($10,000.00) and shall be imprisoned for not less 315
than five (5) years nor more than twenty-five (25) years. 316
(13) Expunction. (a) Any person convicted under subsection 317
(2) or (3) of this section of a first offense of driving under the 318
influence and who was not the holder of a commercial driver's 319
license or a commercial learning permit at the time of the offense 320
may petition the circuit court of the county in which the 321
conviction was had for an order to expunge the record of the 322
conviction at least five (5) years after successful completion of 323
all terms and conditions of the sentence imposed for the 324
conviction. Expunction under this subsection will only be 325
available to a person: 326
(i) Who has successfully completed all terms and 327
conditions of the sentence imposed for the conviction; 328
(ii) Who did not refuse to submit to a test of his 329
blood or breath; 330
(iii) Whose blood alcohol concentration tested 331
below sixteen one-hundredths percent (.16%) if test results are 332
available; 333
(iv) Who has not been convicted of and does not 334
have pending any other offense of driving under the influence; 335
(v) Who has provided the court with justification 336
as to why the conviction should be expunged; and 337
(vi) Who has not previously had a nonadjudication 338
or expunction of a violation of this section. 339
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(b) A person is eligible for only one (1) expunction 340
under this subsection, and the Department of Public Safety shall 341
maintain a permanent confidential registry of all cases of 342
expunction under this subsection for the sole purpose of 343
determining a person's eligibility for expunction, for 344
nonadjudication, or as a first offender under this section. 345
(c) The court in its order of expunction shall state in 346
writing the justification for which the expunction was granted and 347
forward the order to the Department of Public Safety within five 348
(5) days of the entry of the order. 349
(14) Nonadjudication. (a) For the purposes of this 350
chapter, "nonadjudication" means that the court withholds 351
adjudication of guilt and sentencing, either at the conclusion of 352
a trial on the merits or upon the entry of a plea of guilt by a 353
defendant, and places the defendant in a nonadjudication program 354
conditioned upon the successful completion of the requirements 355
imposed by the court under this subsection. 356
(b) A person is eligible for nonadjudication of an 357
offense under this Section 63-11-30 only one (1) time under any 358
provision of a law that authorizes nonadjudication and only for an 359
offender: 360
(i) Who has successfully completed all terms and 361
conditions imposed by the court after placement of the defendant 362
in a nonadjudication program; 363
* * * 364
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( * * *ii) Who has not previously been convicted 365
of and does not have pending any former or subsequent charges 366
under this section; and 367
( * * *iii) Who has provided the court with 368
justification as to why nonadjudication is appropriate. 369
(c) Nonadjudication may be initiated upon the filing of 370
a petition for nonadjudication or at any stage of the proceedings 371
in the discretion of the court; the court may withhold 372
adjudication of guilt, defer sentencing, and upon the agreement of 373
the offender to participate in a nonadjudication program, enter an 374
order imposing requirements on the offender for a period of court 375
supervision before the order of nonadjudication is entered. 376
Failure to successfully complete a nonadjudication program 377
subjects the person to adjudication of the charges against him and 378
to imposition of all penalties previously withheld due to entrance 379
into a nonadjudication program. The court shall immediately 380
inform the commissioner of the conviction as required in Section 381
63-11-37. 382
(i) The court shall order the person to: 383
1. Pay the nonadjudication fee imposed under 384
Section 63-11-31 if applicable; 385
2. Pay all fines, penalties and assessments 386
that would have been imposed for conviction; 387
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3. Attend and complete an alcohol safety 388
education program as provided in Section 63-11-32 within six (6) 389
months of the date of the order; 390
4. a. If the court determines that the 391
person violated this section with respect to alcohol or 392
intoxicating liquor, the person * * * may be ordered to install an 393
ignition-interlock device on every motor vehicle operated by the 394
person, obtain an interlock-restricted license, and maintain that 395
license for one hundred twenty (120) days or suffer a 396
one-hundred-twenty-day suspension of the person's regular driver's 397
license, during which time the person must not operate any 398
vehicle. 399
b. If the court determines that the 400
person violated this section by operating a vehicle when under the 401
influence of a substance other than alcohol that has impaired the 402
person's ability to operate a motor vehicle, including any drug or 403
controlled substance which is unlawful to possess under the 404
Mississippi Controlled Substances Law, the person must submit to a 405
one-hundred-twenty-day period of a nonadjudication program that 406
includes court-ordered drug testing at the person's own expense 407
not less often than every thirty (30) days, during which time the 408
person may drive if compliant with the terms of the program, or 409
suffer a one-hundred-twenty-day suspension of the person's regular 410
driver's license, during which time the person will not operate 411
any vehicle. 412
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(ii) The court shall order the person to: 413
1. Pay the nonadjudication fee imposed under 414
Section 63-11-31 if applicable; 415
2. Pay all fines, penalties and assessments 416
that would have been imposed for conviction; 417
3. Attend and complete an alcohol safety 418
education program as provided in Section 63-11-32 within six (6) 419
months of the date of the order; 420
4. Order the person to serve two (2) days in 421
jail that shall not be suspended by the court; and 422
5. Obtain an intrastate license that 423
restricts operation of a commercial vehicle authorizing the person 424
to operate a commercial vehicle for a period of not less than one 425
(1) year or obtain a noncommercial driver's license. 426
* * *c. Other conditions that may be 427
imposed by the court include, but are not limited to, alcohol or 428
drug screening, or both, proof that the person has not committed 429
any other traffic violations while under court supervision, proof 430
of immobilization or impoundment of vehicles owned by the offender 431
if required, and attendance at a victim-impact panel. 432
(d) The court may enter an order of nonadjudication 433
only if the court finds, after a hearing or after ex parte 434
examination of reliable documentation of compliance, that the 435
offender has successfully completed all conditions imposed by law 436
and previous orders of the court. The court shall retain 437
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jurisdiction over cases involving nonadjudication for a period of 438
not more than two (2) years. 439
(e) (i) The clerk shall immediately forward a record 440
of every person placed in a nonadjudication program and of every 441
nonadjudication order to the Department of Public Safety for 442
inclusion in the permanent confidential registry of all cases that 443
are nonadjudicated under this subsection (14). 444
(ii) Judges, clerks and prosecutors involved in 445
the trial of implied consent violations and law enforcement 446
officers involved in the issuance of citations for implied consent 447
violations shall have secure online access to the confidential 448
registry for the purpose of determining whether a person has 449
previously been the subject of a nonadjudicated case and 1. is 450
therefore ineligible for another nonadjudication; 2. is ineligible 451
as a first offender for a violation of this section; or 3. is 452
ineligible for expunction of a conviction of a violation of this 453
section. 454
(iii) The Driver Services Bureau of the department 455
shall have access to the confidential registry for the purpose of 456
determining whether a person is eligible for a form of license not 457
restricted to operating a vehicle equipped with an 458
ignition-interlock device. 459
(iv) The Mississippi Alcohol Safety Education 460
Program shall have secure online access to the confidential 461
registry for research purposes only. 462
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ST: DUI; revise elements and penalties.
(15) The provisions of this section are fully applicable to 463
any person who is under the influence of medical cannabis that is 464
lawful under the Mississippi Medical Cannabis Act and in 465
compliance with rules and regulations adopted thereunder which has 466
impaired the person's ability to operate a motor vehicle. 467
SECTION 2. This act shall take effect and be in force from 468
and after July 1, 2026, and shall stand repealed on June 30, 2026. 469