Most folks know that under Mississippi DUI law, it’s illegal to operate a vehicle on Mississippi roadways with a blood alcohol concentration of .08% or more. However, most people are shocked to learn that different rules apply to drivers who are under twenty-one (21).
Under Mississippi law, pursuant to Mississippi Code Annotated Section 63-11-30(1), it is illegal for a person under 21 to drive with a BAC of .02% or more. If a person is under 21, he or she will be arrested for DUI for a .02. This is sometimes referred to as the “zero tolerance” law.
Sound ridiculous? It is. From a physiological standpoint, it is darn-near impossible for a person with a .02 BAC to be impaired. Such a low BAC has absolutely no effect on a person’s ability to safely operate a vehicle. This law does nothing to take alcohol impaired drivers off the road. The law simply does nothing to further the safety of the motoring public.
The zero tolerance law is also patently absurd because it defies logic. For example, if a person who is 20 years and 364 days old gets pulled over and has a BAC of .02, he’s going to get arrested for DUI. Twenty-four hours later, if that same person gets stopped and has the same BAC, he goes home.
While this law may be ill-conceived, it’s still the law. The good news is that there are many defenses to someone under 21 who is charged with DUI under the zero tolerance law. For more information about DUI, please click here. If you have questions regarding DUI in Mississippi, please feel free to contact us.
Mississippi Criminal Defense Attorney Curt Crowley