Impaired driving charges in Mississippi often relate to alcohol. People who have had too much to drink get pulled over and then arrested by the police. Many operating a motor vehicle under the influence (OUI) charges specifically involve alcohol.
However, Mississippi police officers can also arrest people who are under the influence of other mind-altering drugs while operating a motor vehicle. The law allows for the prosecution of those who use prescription or over-the-counter medication before driving. Those accused of using prohibited drugs before getting behind the wheel could also face OUI charges.
What are the main differences between drugged driving cases as opposed to drunk driving cases in Mississippi?
There is no legal limit for drug impairment
Many drunk driving OUI charges relate to technical violations. A driver is over the legal limit for their blood alcohol concentration (BAC). After they fail a chemical test, a police officer can arrest them immediately.
There are no chemical thresholds for substances other than alcohol. The mere presence of a substance associated with impaired ability in someone’s bloodstream is enough to justify criminal charges. Someone with trace amounts of opioid pain relievers or illegal drugs in their bloodstream could face the same penalties as an individual who is clearly over the legal limit for their BAC.
The courts may be more negative about drugged driving
Technically, both drugged driving and drunk driving OUI cases relate to the same statute in Mississippi code. That means that the potential penalties for drunk driving and drugged driving are essentially the same. Still, much is left to a judge’s discretion in impaired driving cases. They can sentence the defendant to an assortment of different penalties depending on the circumstances. Factors including the judge’s perception of the situation influence the sentence imposed.
Judges may have a more negative perception of OUI cases that involve drugs as opposed to alcohol. Especially if the substance is a prohibited drug rather than a prescription, a judge may feel inclined to hand down the harshest penalty possible.
Drivers often need to respond assertively to pending OUI charges if they want to avoid a criminal conviction. Discussing what led to an OUI arrest with a skilled legal team can help people plan reasonable defense strategies.