Mississippi DUI Chemical Evidence

Upon arrest for DUI in the state of Mississippi, a person will be requested to submit to a chemical test or tests of the person's blood, breath, and/or urine to determine the presence of alcohol and/or drugs therein. If a person refuses to submit to a chemical test, then no test will be given. However, refusal to submit to a chemical test upon an officer's lawful request will result in the suspension of the person's driver's license for a period of 90 days (or 1 year if the person has previously refused).

If the driver is unconscious or dead as a result of an accident, or unconscious at the time of arrest or apprehension or when the test is to be administered, or is otherwise in a condition rendering him incapable of refusal, then a blood test will be administered. However, the arresting officer must have reasonable grounds to believe the person was driving a motor vehicle while under the influence of intoxicating liquor. The results of the blood test will not be admissible in court as evidence unless the person gives his/her consent. Refusal to allow the evidence to be admitted will result in the suspension of the person's driver's license.

Full information concerning the test taken at the direction of the police must be made available to any person arrested for DUI (or his/her attorney) upon written request. In order for a breath, blood, or urine test to be considered valid, it must have been performed according to methods approved by the State Crime Laboratory and the Commissioner of Public Safety, and performed by an individual possessing a valid permit issued by the State Crime Laboratory for making such analysis. The State Crime Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which will be subject to termination or revocation at the discretion of the State Crime Laboratory.

The chemical tests and that are conducted in Mississippi and the relevant laws are listed below. For more information on chemical testing contact an experienced DUI defense attorney in your area.

BREATH TESTING - Breath testing is the most commonly administered chemical test in Mississippi DUI cases. Mississippi uses a breath machine called the Intoxilyzer. Prior to taking a breath test sample from a DUI suspect, the police are required to observe the person for at least 15 to minutes to ensure nothing is placed in the mouth or ingested that would affect the validity of the test result. The State Crime Laboratory is required to make periodic tests of the methods, machines or devices used in making chemical analysis of a person's breath as are necessary to ensure their accuracy. The periodic test must be made at least quarterly. Following the periodic tests, the Crime Lab will issue the breath machine a certificate to verify the accuracy of the machine's results.

BLOOD TESTING - Any qualified person acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the alcoholic content therein. "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.

BLOOD TESTING IN ACCIDENT CASES - In DUI cases involving an accident that results in the death of another, the person arrested will be given a breath, blood, or urine test. Any blood test must be administered by a "qualified person" within 2 hours after the accident occurs (if possible). The police must record the exact time of the accident and blood draw. A "qualified person" 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. In cases involving such accidents, the police have a duty to ensure that a chemical test is administered. No person suspected of DUI involving an accident resulting in death may refuse to submit to chemical testing. The chemical test results will be admissible evidence in any subsequent criminal prosecution regardless of whether the driver gives consent to the introduction of such evidence.

URINE TESTING - Any person who submits to a urine test must be given such privacy in the taking of the urine specimen as will insure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.

ADDITIONAL INDEPENDENT TESTING - Any person tested may, at his own expense, have a physician, registered nurse, clinical laboratory technologist or clinical laboratory technician or any other qualified person of his/her choosing administer a test in addition to any other test given by the police. The failure or inability to obtain an additional test by such arrested person will not preclude the admissibility in evidence of the test taken at the direction of the police.