Is drinking alcohol while driving in MS actually legal? Here’s what state law says
Mississippi is the only state without laws banning open containers of alcohol in motor vehicles, according to the National Conference of State Legislatures. But driving while drunk is prohibited.
Does that mean a person can drink alcohol while driving? And what about passengers? Are they allowed to enjoy alcohol without consequences?
Here’s what you can and can’t do in Mississippi when it comes to alcohol use in motor vehicles:
Can Mississippi drivers drink alcohol while operating a vehicle?
In Mississippi, it’s technically legal for drivers to drink alcohol while operating a vehicle so long as they don’t become impaired, although drinking while driving is not recommended.
“Just one drink before driving can put you and others in danger, because alcohol impairs thinking, reasoning and muscle coordination,” the National Highway Traffic Safety Administration said.
A blood alcohol concentration of 0.02% can already begin to decline a person’s ability to see and multitask, according to the administration.
More than 150 Mississippians are killed each year in crashes involving an alcohol-impaired driver, according to data from the Mississippi Department of Health.
What’s considered impaired driving under Mississippi law?
Mississippi’s Implied Consent Law defines intoxication as having a blood alcohol concentration level of 0.08% or higher for adults, 0.04% or higher for commercial drivers and 0.02% for minors, according to the Mississippi Bar.
But there are more ways to get a DUI in Mississippi than just drinking alcohol, according to law experts.
“Most people think DUIs only involve alcohol or illegal drugs. That’s not true in Mississippi,” experts at the Eichelberger Law Firm said. “You can be charged with DUI for driving while taking medication your doctor legally prescribed.”
That includes painkillers, anxiety medication, sleep aids and some over-the-counter drugs, experts said.
These are some common mediations that lead to charges, according to the law firm:
- Oxycodone, hydrocodone
- Xanax, Valium
- Ambien
- Benadryl
What are the penalties for drunk driving in Mississippi?
Mississippians who are first offenders of the DUI law could be charged up to $1,000, imprisoned for up to 48 hours and have their drivers’ licenses suspended for up to one year, according to the Mississippi Bar.
Penalties increase for repeat offenders, and a third offense is a felony with “a maximum sentence of five years in the state penitentiary, $5,000 fine, five-year license suspension and seizure of the vehicle,” according to law experts.
Minors charged with DUI also face fines, jail time and suspension of their drivers’ license, the Mississippi Bar said.
“Drinking and driving are a dangerous combination. The law punishes those who mix the two and put themselves and other Mississippians at needless risk of death or injury,” experts said.
