Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Evans

HOUSE BILL NO. 754

AN ACT TO AMEND SECTIONS 63-11-21, 63-11-23 AND 63-11-25, 1
MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TOLLING OF THE 2
SUSPENSION PERIOD DURING APPEAL FOR REFUSAL TO SUBMIT TO A 3
CHEMICAL TEST; TO BRING FORWARD SECTION 63-11-26, MISSISSIPPI CODE 4
OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 63-11-21, Mississippi Code of 1972, is 7
amended as follows: 8
63-11-21. If a person refuses upon the request of a law 9
enforcement officer to submit to a chemical test of his breath 10
designated by the law enforcement agency as provided in Section 11
63-11-5, none shall be given, but the officer shall at that point 12
demand the driver's license of the person, who shall deliver his 13
driver's license into the hands of the officer. If a person 14
refuses to submit to a chemical test under the provisions of this 15
chapter, the person shall be informed by the law enforcement 16
officer that the refusal to submit to the test shall subject him 17
to suspension of the privilege to operate a motor vehicle. The 18
officer shall give the driver a receipt for his license on forms 19
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prescribed and furnished by the Commissioner of Public Safety, 20
which shall serve as a driver's license while a refusal is 21
appealed under Section 63-11-25. The officer shall forward the 22
driver's license together with a sworn report to the Commissioner 23
of Public Safety stating that he had reasonable grounds and 24
probable cause to believe the person had been operating a motor 25
vehicle upon the public highways, public roads and streets of this 26
state while under the influence of intoxicating liquor or any 27
other substance which may impair a person's mental or physical 28
ability, stating the grounds, and that the person had refused to 29
submit to the chemical test of his breath upon request of the law 30
enforcement officer. 31
SECTION 2. Section 63-11-23, Mississippi Code of 1972, is 32
amended as follows: 33
63-11-23. (1) Administrative license suspension for test 34
refusal. The Commissioner of Public Safety, or his authorized 35
agent, shall review the sworn report by a law enforcement officer 36
as provided in Section 63-11-21. 37
(a) If upon review the Commissioner of Public Safety, 38
or his authorized agent, finds (i) that the law enforcement 39
officer had reasonable grounds and probable cause to believe the 40
person had been operating a motor vehicle upon the public 41
highways, public roads or streets of this state while under the 42
influence of intoxicating liquor or any other substance that may 43
impair a person's mental or physical ability; (ii) that the person 44
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refused to submit to the chemical test of the person's breath, 45
blood or urine upon request of the officer; and (iii) that the 46
person was informed that his license and driving privileges would 47
be suspended or denied if he refused to submit to the chemical 48
test of his breath, blood or urine, then the Commissioner of 49
Public Safety, or his authorized agent, shall give notice to the 50
licensee that his license or permit to drive, or any nonresident 51
operating privilege, shall be suspended thirty (30) days after the 52
date of the notice for a period of ninety (90) days if the person 53
has not previously been convicted of or nonadjudicated for a 54
violation of Section 63-11-30, or, for a period of one (1) year if 55
the person was previously convicted or nonadjudicated under 56
Section 63-11-30. If the commissioner or his authorized agent 57
determines that the license or permit should not be suspended, he 58
shall return the license or permit to the licensee. 59
(b) The notice of suspension shall be in writing and 60
conform to Section 63-1-52. 61
(c) A person may continue to drive on either an 62
interlock-restricted license or under a drug-testing program 63
if * * * ordered by a court in the course of a criminal proceeding 64
for a violation of Section 63-11-30. 65
(2) Extension or suspension of privilege to drive; request 66
for trial. (a) If the chemical testing of a person's breath 67
indicates the blood alcohol concentration was eight one-hundredths 68
percent (.08%) or more for persons who are above the legal age to 69
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purchase alcoholic beverages under state law, or two 70
one-hundredths percent (.02%) or more for persons who are below 71
the legal age to purchase alcoholic beverages under state law, 72
based upon grams of alcohol per one hundred (100) milliliters of 73
blood or grams of alcohol per two hundred ten (210) liters of 74
breath as shown by a chemical analysis of the person's blood, 75
breath, or urine, the arresting officer shall seize the license 76
and give the driver a receipt for his license on forms prescribed 77
by the Commissioner of Public Safety and shall promptly forward 78
the license together with a sworn report to the Commissioner of 79
Public Safety. The receipt given a person shall be valid as a 80
permit to operate a motor vehicle for thirty (30) days in order 81
that the defendant may be processed through the court having 82
original jurisdiction and a final disposition had. 83
(b) If the defendant requests a trial within thirty 84
(30) days and trial is not commenced within thirty (30) days, then 85
the court shall determine if the delay in the trial is the fault 86
of the defendant or his counsel. If the court finds that it is 87
not the fault of the defendant or his counsel, then the court 88
shall order the defendant's privileges to operate a motor vehicle 89
to be extended until the defendant is convicted upon final order 90
of the court. 91
(c) If a receipt or permit to drive issued under this 92
subsection expires without a trial having been requested as 93
provided in this subsection, then the Commissioner of Public 94
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Safety, or his authorized agent, shall suspend the license or 95
permit to drive or any nonresident operating privilege for the 96
applicable period of time as provided in subsection (1) of this 97
section. 98
(3) Offenders driving without a license. If the person is a 99
resident without a license or permit to operate a motor vehicle in 100
this state, the Commissioner of Public Safety, or his authorized 101
agent, shall deny to the person the issuance of a license or 102
permit for a period of one (1) year beginning thirty (30) days 103
after the date of notice of the suspension. 104
(4) Appeal. It shall be the duty of the municipal 105
prosecuting attorney, county prosecuting attorney, an attorney 106
employed under the provisions of Section 19-3-49, or if there is 107
not a prosecuting attorney for the municipality or county, the 108
duty of the district attorney to represent the state in any 109
hearing on a de novo appeal held under the provisions of Section 110
63-11-25, Section 63-11-37 or Section 63-11-30. 111
(5) Suspension subsequent to conviction. Unless the person 112
obtains an interlock-restricted license or the court orders the 113
person to exercise the privilege to operate a motor vehicle only 114
under an interlock-restricted license or while participating in a 115
court-ordered drug-testing program, thirty (30) days after receipt 116
of the court abstract documenting a person's conviction under 117
Section 63-11-30, the Department of Public Safety shall suspend 118
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the driver's license and privileges of the person to operate a 119
motor vehicle as follows: 120
(a) When sentenced under Section 63-11-30(2): 121
(i) For a first offense: one hundred twenty (120) 122
days; 123
(ii) For a second offense: one (1) year; 124
(iii) For a third offense: for the full period of 125
the person's sentence; upon release from incarceration, the person 126
will be eligible for only an interlock-restricted license for 127
three (3) years; 128
(iv) For a fourth or subsequent offense: for the 129
full period of the person's sentence; upon release from 130
incarceration, the person will be eligible for only an 131
interlock-restricted license for ten (10) years and will further 132
be subject to court-ordered drug testing if the original offense 133
involved operating a motor vehicle under the influence of a drug 134
other than alcohol. 135
(b) When sentenced under Section 63-11-30(3) (Zero 136
Tolerance for Minors): 137
(i) For a first offense: one hundred twenty (120) 138
days; 139
(ii) For a second offense: one (1) year; 140
(iii) For a third offense occurring within five 141
(5) years, suspend or deny the driving privilege for two (2) years 142
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or until the person reaches the age of twenty-one (21), whichever 143
is longer. 144
(6) Suspensions. (a) Notices of suspension given under 145
this section shall be in writing and conform to Section 63-1-52. 146
(b) Suspensions under this and any other chapter shall 147
run consecutively and not concurrently. 148
(c) The first day of any one-hundred-twenty-day period 149
shall begin twenty-one (21) days after entry of judgement of 150
conviction or order of nonadjudication. 151
(7) License reinstatement. A person is eligible for an 152
unrestricted license when the person has completed an alcohol 153
safety education program as provided in Section 63-11-32, has 154
satisfied all other conditions of law and of the person's sentence 155
or nonadjudication, and is not otherwise barred from obtaining an 156
unrestricted license. 157
SECTION 3. Section 63-11-25, Mississippi Code of 1972, is 158
amended as follows: 159
63-11-25. If the forfeiture, suspension or denial of 160
issuance is sustained by the Commissioner of Public Safety, or his 161
duly authorized agent pursuant to subsection (1) of Section 162
63-11-23, upon such hearing, the person aggrieved may file within 163
ten (10) days after the rendition of such decision a petition in 164
the circuit or county court having original jurisdiction of the 165
violation for review of such decision and such hearing upon review 166
shall proceed as a trial de novo before the court without a jury. 167
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ST: Implied consent; revise suspension period
during appeals for refusal to submit to chemical
test.
The petition shall be served upon the Attorney General and the 168
Commissioner of Public Safety. Provided further, that no such 169
party shall be allowed to exercise the driving privilege while any 170
such appeal is pending. The appeal shall toll the forfeiture, 171
suspension or denial for a reasonable amount of time during such 172
appeal. 173
SECTION 4. Section 63-11-26, Mississippi Code of 1972, is 174
brought forward as follows: 175
63-11-26. When the Commissioner of Public Safety, or his 176
authorized agent, shall suspend the driver's license or permit to 177
drive of a person or shall deny the issuance of a license or 178
permit to a person as provided in Section 63-11-30, the person 179
shall not be entitled to any judicial review of or appeal from the 180
actions of the commissioner. A final conviction under said 181
section shall finally adjudicate the privilege of such convicted 182
person to operate a motor vehicle upon the public highways, public 183
roads and streets of this state. 184
SECTION 5. This act shall take effect and be in force from 185
and after July 1, 2026. 186