Adjudication of noncommercial DUI offenses; provide equal treatment for CDL holders.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Brumfield

SENATE BILL NO. 2718

AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE NONADJUDICATION OR EXPUNCTION OF CERTAIN OFFENSES 2
UNDER THIS SECTION FOR THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE 3
OR COMMERCIAL LEARNING PERMIT WHO WAS NOT OPERATING A VEHICLE THAT 4
REQUIRED THE POSSESSION OF SUCH A LICENSE OR PERMIT AT THE TIME OF 5
THE OFFENSE; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is 8
amended as follows: 9
63-11-30. (1) It is unlawful for a person to drive or 10
otherwise operate a vehicle within this state if the person: 11
(a) Is under the influence of intoxicating liquor; 12
(b) Is under the influence of any other substance that 13
has impaired the person's ability to operate a motor vehicle; 14
(c) Is under the influence of any drug or controlled 15
substance, the possession of which is unlawful under the 16
Mississippi Controlled Substances Law; or 17
(d) Has an alcohol concentration in the person's blood, 18
based upon grams of alcohol per one hundred (100) milliliters of 19
blood, or grams of alcohol per two hundred ten (210) liters of 20
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breath, as shown by a chemical analysis of the person's breath, 21
blood or urine administered as authorized by this chapter, of: 22
(i) Eight one-hundredths percent (.08%) or more 23
for a person who is above the legal age to purchase alcoholic 24
beverages under state law; 25
(ii) Two one-hundredths percent (.02%) or more for 26
a person who is below the legal age to purchase alcoholic 27
beverages under state law; or 28
(iii) Four one-hundredths percent (.04%) or more 29
for a person operating a commercial motor vehicle. 30
(2) Except as otherwise provided in subsection (3) of this 31
section (Zero Tolerance for Minors): 32
(a) First offense DUI. (i) Upon conviction of any 33
person for the first offense of violating subsection (1) of this 34
section where chemical tests under Section 63-11-5 were given, or 35
where chemical test results are not available, the person shall be 36
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 37
than One Thousand Dollars ($1,000.00), or imprisoned for not more 38
than forty-eight (48) hours in jail, or both; the court shall 39
order the person to attend and complete an alcohol safety 40
education program as provided in Section 63-11-32 within six (6) 41
months of sentencing. The court may substitute attendance at a 42
victim impact panel instead of forty-eight (48) hours in jail. 43
(ii) Suspension of commercial driving privileges 44
is governed by Section 63-1-216. 45
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(iii) A qualifying first offense may be 46
nonadjudicated by the court under subsection (14) of this section. 47
The holder of a commercial driver's license or a commercial 48
learning permit who was operating a vehicle that required the 49
possession of such a license or permit at the time of the offense 50
is ineligible for nonadjudication. 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
(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
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(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
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
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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
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
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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
five (5) years, shall be fined not more than One Thousand Dollars 143
($1,000.00). 144
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(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
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
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(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
mutilation, disfigurement or other injury, and the imprisonment 193
for the second or each subsequent conviction, in the discretion of 194
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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
advised. If the person arrested employed an attorney, the name, 218
address and telephone number of the attorney shall be written on 219
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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
subsequent offense and the penalty that shall be imposed upon 242
conviction for a violation of subsection (1) of this section. 243
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(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
(9) License eligibility for underage offenders. A person 267
who is under the legal age to obtain a license to operate a motor 268
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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
section for the purposes of prosecution and sentencing. An 292
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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
conviction, shall be punished by a fine of not less than Ten 317
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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 was not the holder of a commercial driver's 322
license or a commercial learning permit operating a vehicle that 323
required the possession of such a license or permit at the time of 324
the offense may petition the circuit court of the county in which 325
the conviction was had for an order to expunge the record of the 326
conviction at least five (5) years after successful completion of 327
all terms and conditions of the sentence imposed for the 328
conviction. Expunction under this subsection will only be 329
available to a person: 330
(i) Who has successfully completed all terms and 331
conditions of the sentence imposed for the conviction; 332
(ii) Who did not refuse to submit to a test of his 333
blood or breath; 334
(iii) Whose blood alcohol concentration tested 335
below sixteen one-hundredths percent (.16%) if test results are 336
available; 337
(iv) Who has not been convicted of and does not 338
have pending any other offense of driving under the influence; 339
(v) Who has provided the court with justification 340
as to why the conviction should be expunged; and 341
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(vi) Who has not previously had a nonadjudication 342
or expunction of a violation of this section. 343
(b) A person is eligible for only one (1) expunction 344
under this subsection, and the Department of Public Safety shall 345
maintain a permanent confidential registry of all cases of 346
expunction under this subsection for the sole purpose of 347
determining a person's eligibility for expunction, for 348
nonadjudication, or as a first offender under this section. 349
(c) The court in its order of expunction shall state in 350
writing the justification for which the expunction was granted and 351
forward the order to the Department of Public Safety within five 352
(5) days of the entry of the order. 353
(14) Nonadjudication. (a) For the purposes of this 354
chapter, "nonadjudication" means that the court withholds 355
adjudication of guilt and sentencing, either at the conclusion of 356
a trial on the merits or upon the entry of a plea of guilt by a 357
defendant, and places the defendant in a nonadjudication program 358
conditioned upon the successful completion of the requirements 359
imposed by the court under this subsection. 360
(b) A person is eligible for nonadjudication of an 361
offense under this Section 63-11-30 only one (1) time under any 362
provision of a law that authorizes nonadjudication and only for an 363
offender: 364
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(i) Who has successfully completed all terms and 365
conditions imposed by the court after placement of the defendant 366
in a nonadjudication program; 367
(ii) Who was not operating a vehicle that required 368
the person to be the holder of a commercial driver's license or a 369
commercial learning permit at the time of the offense; 370
(iii) Who has not previously been convicted of and 371
does not have pending any former or subsequent charges under this 372
section; and 373
(iv) Who has provided the court with justification 374
as to why nonadjudication is appropriate. 375
(c) Nonadjudication may be initiated upon the filing of 376
a petition for nonadjudication or at any stage of the proceedings 377
in the discretion of the court; the court may withhold 378
adjudication of guilt, defer sentencing, and upon the agreement of 379
the offender to participate in a nonadjudication program, enter an 380
order imposing requirements on the offender for a period of court 381
supervision before the order of nonadjudication is entered. 382
Failure to successfully complete a nonadjudication program 383
subjects the person to adjudication of the charges against him and 384
to imposition of all penalties previously withheld due to entrance 385
into a nonadjudication program. The court shall immediately 386
inform the commissioner of the conviction as required in Section 387
63-11-37. 388
(i) The court shall order the person to: 389
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1. Pay the nonadjudication fee imposed under 390
Section 63-11-31 if applicable; 391
2. Pay all fines, penalties and assessments 392
that would have been imposed for conviction; 393
3. Attend and complete an alcohol safety 394
education program as provided in Section 63-11-32 within six (6) 395
months of the date of the order; 396
4. a. If the court determines that the 397
person violated this section with respect to alcohol or 398
intoxicating liquor, the person must install an ignition-interlock 399
device on every motor vehicle operated by the person, obtain an 400
interlock-restricted license, and maintain that license for one 401
hundred twenty (120) days or suffer a one-hundred-twenty-day 402
suspension of the person's regular driver's license, during which 403
time the person must not operate any vehicle. 404
b. If the court determines that the 405
person violated this section by operating a vehicle when under the 406
influence of a substance other than alcohol that has impaired the 407
person's ability to operate a motor vehicle, including any drug or 408
controlled substance which is unlawful to possess under the 409
Mississippi Controlled Substances Law, the person must submit to a 410
one-hundred-twenty-day period of a nonadjudication program that 411
includes court-ordered drug testing at the person's own expense 412
not less often than every thirty (30) days, during which time the 413
person may drive if compliant with the terms of the program, or 414
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suffer a one-hundred-twenty-day suspension of the person's regular 415
driver's license, during which time the person will not operate 416
any vehicle. 417
(ii) Other conditions that may be imposed by the 418
court include, but are not limited to, alcohol or drug screening, 419
or both, proof that the person has not committed any other traffic 420
violations while under court supervision, proof of immobilization 421
or impoundment of vehicles owned by the offender if required, and 422
attendance at a victim-impact panel. 423
(d) The court may enter an order of nonadjudication 424
only if the court finds, after a hearing or after ex parte 425
examination of reliable documentation of compliance, that the 426
offender has successfully completed all conditions imposed by law 427
and previous orders of the court. The court shall retain 428
jurisdiction over cases involving nonadjudication for a period of 429
not more than two (2) years. 430
(e) (i) The clerk shall immediately forward a record 431
of every person placed in a nonadjudication program and of every 432
nonadjudication order to the Department of Public Safety for 433
inclusion in the permanent confidential registry of all cases that 434
are nonadjudicated under this subsection (14). 435
(ii) Judges, clerks and prosecutors involved in 436
the trial of implied consent violations and law enforcement 437
officers involved in the issuance of citations for implied consent 438
violations shall have secure online access to the confidential 439
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ST: Adjudication of noncommercial DUI offenses;
provide equal treatment for CDL holders.
registry for the purpose of determining whether a person has 440
previously been the subject of a nonadjudicated case and 1. is 441
therefore ineligible for another nonadjudication; 2. is ineligible 442
as a first offender for a violation of this section; or 3. is 443
ineligible for expunction of a conviction of a violation of this 444
section. 445
(iii) The Driver Services Bureau of the department 446
shall have access to the confidential registry for the purpose of 447
determining whether a person is eligible for a form of license not 448
restricted to operating a vehicle equipped with an 449
ignition-interlock device. 450
(iv) The Mississippi Alcohol Safety Education 451
Program shall have secure online access to the confidential 452
registry for research purposes only. 453
(15) The provisions of this section are fully applicable to 454
any person who is under the influence of medical cannabis that is 455
lawful under the Mississippi Medical Cannabis Act and in 456
compliance with rules and regulations adopted thereunder which has 457
impaired the person's ability to operate a motor vehicle. 458
SECTION 2. This act shall take effect and be in force from 459
and after July 1, 2026. 460