In Mississippi, drivers need to understand their legal limit when it comes to blood alcohol concentration (BAC). A driver’s BAC is an indication of how much alcohol is actively in their system at the moment the test is taken, and it can be determined (to varying degrees of certainty) via chemical analysis of a driver’s breath, blood or urine.
After an arrest on suspicion of drunk driving, police will often obtain these BAC records, usually with a breath test. In some situations, a blood draw could also be used. However, not every driver is evaluated the same.
Most drivers
For the vast majority of drivers, the legal limit is 0.08%. This is consistent across all states, including Mississippi. It is the most widely cited number, so many people just assume that their legal limit is always 0.08%. But the reality is that there are three different limits, and they apply differently to various groups of drivers.
Commercial drivers
To begin with, commercial drivers have a lower legal limit of just 0.04%. This includes long-haul semi-truck drivers and others who have a commercial driver’s license (CDL) and drive professionally. They need to be extra careful not to exceed the limit, and they are held to a higher standard than the majority of drivers on the road.
Underage drivers
Next, the drinking age is 21 in Mississippi, meaning that it is illegal for anyone under 21 to purchase or consume alcohol. The state has a corresponding BAC law for young drivers stating that anyone under 21 has violated the law at a BAC of just 0.02%. This basically means that almost any alcohol consumption could lead to a drunk driving charge for a driver who is too young to drink.
For those who are facing serious charges under any of these limits, it is crucial to know what legal defense options exist and what steps to take as the case moves forward.
