Mississippi 2024 Regular Session

Mississippi House Bill HB864

Introduced
2/2/24  
Refer
2/2/24  

Caption

DUI; revise license suspension for test refusal if licensee pleads guilty.

Impact

If enacted, HB864 would significantly alter how Mississippi's Department of Public Safety handles license suspensions related to chemical test refusals. Currently, individuals face mandatory suspensions if they refuse to take a chemical test. With the proposed changes, the law aims to provide a pathway for those who later acknowledge their guilt in a DUI case to avoid the automatic suspension of their driving privileges, which may encourage compliance with chemical testing requests in the first instance.

Summary

House Bill 864 aims to amend existing laws in Mississippi regarding the suspension of driver's licenses for individuals who refuse to submit to chemical tests under DUI (Driving Under the Influence) laws. It specifically revises the requirements concerning license suspension in cases where a person has refused a chemical test but later pleads guilty to related DUI charges. The amendment proposes that if a person who failed to submit to the test enters a guilty plea later, the suspension of their driving privileges would be set aside, allowing for a potential reinstatement.

Contention

The bill has sparked varied reactions among lawmakers and the public. Supporters argue that it offers a fair chance for individuals who may have been apprehensive about test submissions but later accept responsibility for their actions. Critics, however, may argue that this change could undermine the DUI enforcement framework, weaken deterrents against driving under the influence, and ultimately lead to public safety concerns. The debate centers on balancing the rights of individuals with the need for effective DUI enforcement and the broader implications for road safety.

Companion Bills

No companion bills found.

Previously Filed As

MS HB715

DUI; revise license suspension for test refusal if licensee pleads guilty.

MS HB744

Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

MS HB253

DUI suspension; clarify how the 120 days are counted.

MS HB357

Commercial driver's license; remove prohibition for nonadjudication of.

MS HB307

DUI; revise violations of.

MS HB1220

Aggravated DUI; provide alternative penalty for persons under a certain age.

MS SB2124

DUIs; increase maximum imprisonment for first and second DUI offenses.

MS HB1142

DUI; authorize judicial discretion to increase fines for violations of.

MS HB1036

Implied consent laws and investigation of traffic accidents; authorize the Commercial Transportation Enforcement Division within DPS to enforce.

MS SB2260

DUI; nonadjudication of a first offense for CDL holder who was not operating a commercial vehicle.

Similar Bills

MS HB1612

DUI provisions; bring forward all.

MS HB875

DUI; bring forward all provisions regulating.

MS HB715

DUI; revise license suspension for test refusal if licensee pleads guilty.

MS HB1228

DUI; revise license suspension for test refusal if licensee pleads guilty.

MS HB1095

Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

MS HB744

Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

MS HB862

Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

MS HB253

DUI suspension; clarify how the 120 days are counted.