2018 Mississippi Code
Title 63 - Motor Vehicles and Traffic Regulations
Chapter 11 - Implied Consent Law
§ 63-11-3. Definitions.

Universal Citation: MS Code § 63-11-3 (2018)
  • The following words and phrases shall have the meaning ascribed herein, unless the context clearly indicates otherwise:
  • (a) “Driving privilege” or “privilege” means both the driver’s license of those licensed in Mississippi and the driving privilege of unlicensed residents and the privilege of nonresidents, licensed or not, the purpose of this section being to make unlicensed and nonresident drivers subject to the same penalties as licensed residents.

  • (b) “Community service” means work, projects or services for the benefit of the community assigned, supervised and recorded by appropriate public officials.

  • (c) “Chemical test” means an analysis of a person’s blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person’s mental or physical ability.

  • (d) “Refusal to take breath, urine and/or blood test” means an individual declining to take a chemical test, and/or the failure to provide an adequate breath sample as required by the Implied Consent Law when requested by a law enforcement officer.

  • (e) “Alcohol concentration” means either grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.

  • (f) “Qualified person to withdraw blood” means any person who has been trained to withdraw blood in the course of their employment duties including but not limited to laboratory personnel, phlebotomist, emergency medical personnel, nurses and doctors.

  • (g) “Victim impact panel” means a two-hour seminar in which victims of DUI accidents relate their experiences following the accident to persons convicted under the Implied Consent Law. Paneling programs shall be based on a model developed by Mothers Against Drunk Driving (MADD) victim panel or equivalent program approved by the court.

  • (h) “Booked” means the administrative step taken after the arrested person is brought to the police station, which involves entry of the person’s name, the crime for which the arrest was made, and other relevant facts on the police docket, and which may also include photographing, fingerprinting, and the like.

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