DUI; nonadjudication of a first offense for CDL holder who was not operating a commercial vehicle.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2221

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