Mississippi has extensive legislation to
deal exclusively with drugged driving and drunken driving. It is illegal to
operate a vehicle while under the influence of either alcohol or drugs in
Mississippi as it is in the rest of the country. Starkville, MS DUI lawyers
such as Roy E. Carpenter confirm that the state’s drugged driving laws come
under Mississippi code title 63-11-30.
According to these laws, it is unlawful
to operate a motor vehicle while on any substance that has influenced your
ability to drive or operate while under the influence of any of the drugs that
are classified as controlled substances listed under the Mississippi controlled
substances law. Jesse Pinkman may not like these laws but Jesse Pinkman was
never the smartest person around.
Clear
Difference
Another fact that Starkville, MS DUI
lawyers have made clear is that in Mississippi there is no particular threshold
or tolerance level when it comes to drugs. Unlike alcohol, you don’t need to
have had a certain quantity to be charged with drugged driving, even traces
of the drug in your system can pretty much land in you trouble. It is up to the
discretion of the judge or jury depending on the evidence in the case to
determine whether or not you were intoxicated.
Which
drugs are prohibited?
As per Mississippi code title 63-11-30,
any drug that influences or impairs your ability to drive or any drug that is
listed under the controlled substances act of Mississippi is disallowed.
It is important to be aware that
defendants/suspects in drugged driving cases facing drugged driving charges
cannot argue that they are legally entitled to use a particular drug (by
prescription, or other means) because even if they are allowed to use this drug
lawfully, they simply aren’t allowed to drive when they are under its
influence.
What
are the penalties for drugged driving in Mississippi?
In the opinion of Columbus, MS DUI
attorneys and one of the best legal pros in this arena and in the state of
Mississippi is Roy E. Carpenter, the punishments for drugged driving are very
similar to drunken driving. The consequences of drugged driving are not
always the same as it varies depending on the specifics of the case. Was
someone seriously hurt? Did it cause death? How intoxicated was the
driver\suspect? Has this driver had trouble with the law in the past in terms
of driving under the influence? These and other factors will all come in to play and have to be accounted for.
Penalties can include prison time, hefty
fines, mandatory alcohol or drug rehabilitation, installation of ignition
interlock devices at your own expense, ankle bracelets, and probation, to name
a few.
What
happens if you refuse to submit to drug screening?
Columbus, Mississippi DUI lawyers,
including one of the most respected in the region which is Roy E. Carpenter, know
that Mississippi is an implied consent state and that this law holds good for
both alcohol and drug tests. While constitutionally you can still refuse to
submit to any type of sobriety testing the implied
consent law in effect in Mississippi will mean that your driver’s
license will be immediately suspended and your refusal can be used as evidence
against you in the case in a court of law.
If you or anyone you know has been
charged with drugged driving then it is imperative that you contact a legal
professional as soon as possible and get started working on your defense.
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