Implied Consent - An Overview
The laws that govern driving under the influence (DUI) and/or driving while intoxicated (DWI) are found in Mississippi Code Annotated Section 63-11-1 et seq., which is formally known as the "Mississippi Implied Consent Law". Anyone who drives a motor vehicle upon "the public highways, public roads and streets" of Mississippi is considered to have given their consent to a chemical test (or tests of their blood, breath or urine) for the purpose of determining alcohol concentration or to determine whether any other substance is present in the driver's system that might impair their ability to operate a motor vehicle. See Mississippi Code Annotated Section 63-11-5. This idea is referred to as "Implied Consent". Therefore, under this law, if a person drives any motorized vehicle (including not only cars and trucks but also four wheelers, golf carts and other motorized modes of transportation) the law presupposes that the driver will consent to a test to determine the level of concentration of alcohol or other substances in the driver's body that might impair their ability to drive a motor vehicle. Law enforcement officers must have reasonable grounds and probable cause to believe that the person was driving or had actual physical control of a motor vehicle upon a public roadway while under the influence of alcohol or another impairing substance. The officer must also be certified to administer the test or tests given. There are a number of other laws, court opinions and regulations concerning the specific tests given, which will be discussed at greater length in the future.
If you find yourself in the unfortunate position of being accused of DUI or DWI in Mississippi, then please feel free to contact me by e-mail at jamesbjustice@gmail.com or by phone at (662) 234-4747 to discuss your case or make an appointment.
If you find yourself in the unfortunate position of being accused of DUI or DWI in Mississippi, then please feel free to contact me by e-mail at jamesbjustice@gmail.com or by phone at (662) 234-4747 to discuss your case or make an appointment.
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