Mississippi’s drugged driving law is located at Mississippi Code Title 63-11-30. It states that “[i]t is unlawful for any person to drive or otherwise operate a vehicle within this state who … (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle or … (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law.
In other words, in Mississippi it’s a crime to drive while under the influence of a drug. No blood testing standard is established in Mississippi – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.
Mississippi’s drugged driving law is directed at the prohibition of any substance that impairs driving ability or any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law. It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use a controlled substance.
A driver arrested for drugged driving in Mississippi will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Mississippi’s DUI laws.
Yes, there is an implied consent rule for blood testing. Police officers must have reasonable grounds to request the test. The refusal to take the test can be admitted into evidence against the driver.