MS HB759

Amends Mississippi Code Section 63-11-30 to allow courts to suspend or reduce minimum sentences for second and third DUI offenses if the violator is under 21 years of age and their blood alcohol concentration falls within the Zero Tolerance for Minors range (.02% to below .08%)

Under existing law, minimum penalties for second DUI offenses ($600–$1,500 fine, 5 days to 1 year imprisonment, 10 days to 1 year community service) and third offenses ($2,000–$5,000 fine, 1–5 years incarceration) cannot be suspended or reduced; this bill creates an exception for underage offenders

Prosecutors would also be permitted to offer sentence reductions as part of plea bargains for under-21 offenders whose BAC is at the lower Zero Tolerance threshold, which is currently prohibited for second and third offenses

The Zero Tolerance for Minors provisions apply to persons under 21 with a BAC of .02% or more but below .08%; offenders at or above .08% remain subject to the standard adult penalties regardless of age

Effective date is July 1, 2010; introduced by Representative Moak during the 2010 Regular Session and referred to the Judiciary A Committee