Facing a DUI-Drug charge in Mississippi is a serious matter with potentially life-altering consequences. Driving under the influence of drugs—whether illegal, prescription, or even over-the-counter medications—can lead to significant fines, license suspension, and jail time. At The Sims Law Firm, we understand how overwhelming a DUI-Drug charge can be, and we’re here to fight aggressively on your behalf to reduce or dismiss the charges. This comprehensive guide will explain everything you need to know about DUI-Drug cases in Mississippi, including the laws, penalties, and your defense options.

Call Sims Law Firm DUI Defense today at (601) 207-3732 or visit our contact page to schedule a consultation. Our experienced team will guide you through the legal process and work toward the best possible outcome for your case.

What Is a DUI-Drug offense in Mississippi?

In Mississippi, a DUI-Drug offense occurs when a person operates a motor vehicle while impaired by any substance that affects their ability to operate a vehicle. This includes not only illegal drugs like marijuana or cocaine but also prescription medications and over-the-counter drugs that may impair your ability. Mississippi takes a tough stance on DUIs, with no legal tolerance for driving under the influence of any impairing substance, whether legal or illegal, as outlined in the Mississippi Code Section 63-11-30​.

Types of Drugs Leading to a DUI

  1. Illegal Drugs:
    • Substances such as marijuana, cocaine, methamphetamine, heroin, and ecstasy can result in a DUI-Drug offense if they impair your ability to drive. Unlike alcohol, there is no legal limit for these substances; any amount found in your system while driving can lead to a DUI charge under the Mississippi DUI Law​.
  2. Prescription Medications:
    • You can be charged with a DUI even if you’re taking medication as prescribed by a doctor. Common medications that may impair driving include:
      • Opioids (painkillers like hydrocodone)
      • Benzodiazepines (anti-anxiety medications like Xanax)
      • Sleep aids (such as Ambien)
      • Muscle relaxants
      • Certain antidepressants
    • It’s essential to consult with your doctor about potential side effects and ensure you are not violating Mississippi’s DUI-Drug regulations​.

 

  1. Over-the-Counter Drugs:
    • Even common medications that don’t require a prescription can impair your ability to drive. Examples include:
      • Antihistamines (allergy medications)
      • Cough syrups containing dextromethorphan
      • Motion sickness medications
      • Cold and flu remedies
    • Mississippi’s DUI laws make it clear that any substance impairing your driving ability can lead to charges.

The Differences Between Alcohol and Drug DUIs

Both alcohol and drug DUIs fall under the same statute in Mississippi, but there are some key differences:

Detection Methods

  • Alcohol DUIs: Law enforcement officers use breathalyzers to measure blood or breath alcohol concentration (BAC) during traffic stops.
  • Drug DUIs: There is no equivalent “breathalyzer” for drugs. Instead, officers rely on field sobriety tests, blood tests, and assessments by Drug Recognition Experts (DREs) to determine drug impairment.

Legal Limits

  • Alcohol: Mississippi has established legal limits for alcohol consumption—.08% BAC for most drivers, .04% for commercial drivers, and .02% for drivers under 21.
  • Drugs: There are no established legal limits for most drugs. Any amount of an illegal substance or impairment from a legal drug can lead to a DUI charge under Miss. Code Ann. § 63-11-30.

Implied Consent Laws

  • Under Mississippi’s implied consent law, drivers must submit to chemical testing if law enforcement has probable cause to suspect impairment. For alcohol, this is often a breath test. For drugs, a blood test may be required, but officers must obtain a warrant if you refuse the test under Miss. Code Ann. § 63-11-5​.

The Penalties for a DUI-Drug offense in Mississippi

The penalties for DUI-Drug offenses in Mississippi are similar to those for alcohol-related DUIs. The severity of the punishment increases with subsequent offenses, and penalties can also be enhanced if there are aggravating factors, such as having a child in the vehicle or causing an accident that results in injury or death.

First Offense

  • Fine of $250 to $1,000
  • Up to 48 hours in jail
  • Driver’s license suspension for up to 120 days
  • Mandatory attendance at a victim impact panel
  • Possible requirement to be drug tested to continue driving (Miss. Code Ann. § 63-11-30)​.

Second Offense (within 5 years)

  • Jail time of 5 days to 6 months
  • Fine of $600 to $1,500
  • License suspension for 1 year
  • Mandatory substance abuse assessment and treatment
  • Vehicle impoundment​.

Third Offense (Felony)

  • Prison sentence of 1 to 5 years
  • Fine of $2,000 to $5,000
  • License suspension for 3 years
  • Mandatory long-term substance abuse treatment
  • Vehicle seizure and forfeiture​

License Suspension and DUI Record in Mississippi

Is Your License Suspended Immediately After a DUI in Mississippi?

Yes, your license is suspended immediately after a DUI arrest in Mississippi under the state’s implied consent law. According to Mississippi Code § 63-11-23, the Commissioner of Public Safety will review the arresting officer’s report and determine if the requirements for suspension are met. If so, they will issue an immediate administrative suspension of your driver’s license for 15 days, which begins 14 days after receiving the notice. This brief window allows you to arrange alternative transportation and possibly challenge the suspension.

How Long Will a DUI Stay on Your Record in Mississippi?

A DUI conviction in Mississippi remains on your record for a minimum of 10 years, as stated in Mississippi Code § 63-11-30(11). This record is maintained by the Department of Public Safety. It’s important to note that, for the purpose of enhanced penalties, the lookback period for a second DUI is only 5 years, meaning subsequent offenses within this time will result in harsher consequences​.

Defenses for DUI-Drug Charges in Mississippi

While facing a DUI-drug charge can be intimidating, there are several defenses that can be employed to challenge the case against you:

Challenging the Traffic Stop

  • If the police officer did not have reasonable suspicion or probable cause to pull you over, any evidence obtained afterward may be suppressed in court under Mississippi DUI laws​.

Questioning Field Sobriety Tests

  • Field sobriety tests used to assess drug impairment are not always reliable. An experienced attorney can challenge the administration or interpretation of these tests.

Disputing Chemical Test Results

  • Blood, urine, or saliva tests for drugs can be inaccurate due to improper sample handling, contamination, or laboratory errors. These tests can be challenged to weaken the prosecution’s case.

Prescription Medication Defense

  • If you were taking a prescribed medication as directed, this can serve as a defense. However, this defense may not always hold up if the medication was known to impair driving, so your attorney will need to carefully argue this point.

Lack of Impairment

  • Even if drugs were detected in your system, the prosecution must prove that you were actually impaired at the time of driving. DRE assessments or field sobriety tests can be challenged if they were not conducted properly.

The Role of Drug Recognition Experts (DREs) in Mississippi

Drug Recognition Experts (DREs) are specially trained law enforcement officers who assess whether a driver is impaired by drugs. The DRE process typically involves:

  • A breath alcohol test to rule out alcohol impairment
  • An interview with the arresting officer
  • A preliminary examination, including vital signs checks and eye examinations
  • Divided attention psychophysical tests
  • A toxicological examination

While DRE assessments can be key pieces of evidence, they are not infallible and can be challenged, especially if proper procedures were not followed during the traffic stop or evaluation.

The Impact of Marijuana Legalization on DUI-Drug Charges in Mississippi

Mississippi has legalized medical marijuana, but recreational use remains illegal. It’s important to note:

  • Medical marijuana patients are not exempt from DUI laws.
  • There is no established legal limit for THC (the active ingredient in marijuana) in a driver’s system, which means any amount of impairment could lead to a DUI charge​.

How Sims DUI Defense Can Help You

At Sims DUI Defense, we provide comprehensive legal representation for individuals facing DUI-drug charges. Here’s how we can help:

  • Thorough Investigation: We scrutinize every detail, from the traffic stop to the chemical testing procedures.
  • Challenging Evidence: We work to suppress improperly obtained evidence and challenge faulty test results.
  • Negotiating Lesser Charges: We strive to reduce charges or explore alternative sentencing options, such as drug treatment programs.
  • Courtroom Representation: Our experienced attorneys represent you in court, aiming to secure the best possible outcome for your case.

Why Choose Sims for Your DUI Defense?

Selecting the right attorney to handle your DUI-Drug charge case is critical. At Sims DUI Defense, we stand out for several reasons:

  • Proven Track Record: We have successfully defended numerous clients facing DUI charges, securing dismissals, reduced charges, and acquittals.
  • Specialized DUI Defense: Our team focuses heavily on DUI cases as well as drug cases, keeping up-to-date with all changes to Mississippi DUI laws and the latest defense strategies.
  • Client-Centered Approach: We provide personalized` legal services, tailoring our defense to your unique situation.
  • Comprehensive Criminal Procedure Guidance: From the investigation phase to trial and even post-trial motions, we guide our clients through each step of the criminal procedure, ensuring their rights are protected at every turn. As local attorneys, we understand Mississippi’s legal landscape and have strong relationships with judges and prosecutors in the area.

The Consequences of a DUI-Drug Conviction

A DUI-Drug conviction can affect you long after the penalties are served. You could face:

  • Higher auto insurance premiums
  • Difficulty finding employment
  • A permanent criminal record
  • Loss of professional licenses

It is crucial to act quickly and hire an experienced attorney who can help you mitigate these long-term consequences.

Protect Your Future: Take Action Against DUI-Drug Charges

If you’re facing DUI-Drug charges in Mississippi, the penalties can be severe, but with the right legal defense, it’s possible to reduce or dismiss the charges. Don’t face the legal system alone. Call (601) 207-3732 or contact Sims DUI Defense today for a consultation and take the first step in protecting your future. By knowing your rights and having a skilled defense attorney on your side, you can navigate Mississippi’s tough DUI laws and achieve the best possible outcome for your case.