A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by the Mississippi Forensics Laboratory for making such analysis. The Mississippi Forensics Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the Mississippi Forensics Laboratory. The Mississippi Forensics Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed by the Department of Marine Resources, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given a marine law enforcement officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7 and for hunting related incidents resulting in injury or death to any person by discharge of a weapon as provided under Section 49-4-31.
The Mississippi Forensics Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same.
Without compromising accepted law enforcement standards and methodologies, the Mississippi Forensics Laboratory shall approve for use at least one (1) model of a breath alcohol content instrument that is readily available to law enforcement agencies throughout the state.
Codes, 1942, § 8175-16; Laws, 1971, ch. 515, § 16; Laws, 1978, ch. 526, § 1; Laws, 1981, ch. 491, § 3; Laws, 1988, ch. 568, § 2; Laws, 1991, ch. 577, § 2; Laws, 1995, ch. 620, § 5; Laws, 1999, ch. 585, § 6; Laws, 2006, ch. 553, § 5, eff. 7/1/2006.
Amended by Laws, 2023, ch. 488, SB 2297,§ 1, eff. 7/1/2023.
Amended by Laws, 2015, ch. 452, SB 2159, 16, eff. 7/1/2015.
Notes of Decisions
Young v. City of Brookhaven, 693 So. 2d 1355 (Miss. 1997).
· cites it 12× “Furthermore, the State asserts that the requirements of Miss. Code Ann. § 63-11-19 (1996)(requiring proof of calibration) were substantially complied with as required by Fulton v.”
Matthies v. State, 85 So. 3d 838 (Miss. 2012).
· cites it 10× “” Miss.Code Ann. § 63-11-19 (Supp.2011). The calibration records for the machine used in testing the defendant’s blood-alcohol level are of central importance to the prosecution of every DUI case involving such a test.”
Bearden v. State, 662 So. 2d 620 (Miss. 1995).
· cites it 8× “Miss. Code Ann. § 63-11-19 reads in part: A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the State Crime Laboratory created pursuant to Section…”
McIlwain v. State, 700 So. 2d 586 (Miss. 1997).
· cites it 3× “A chemical analysis of a person's breath, blood, or urine is deemed valid only when performed according to approved methods; performed by a person certified to do so; and performed on a machine certified to be accurate.”
Jones v. State, 881 So. 2d 209 (Miss. Ct. App. 2003).
· cites it 7× “The Mississippi Supreme Court, in reversing and remanding Johnston's conviction because the State failed to prove the intoxilyzer machine had been properly calibrated, quoted approvingly from the statute: A chemical analysis of a person's breath, blood, or urine is deemed valid…”
Briggs v. State, 741 So. 2d 986 (Miss. Ct. App. 1999).
· cites it 6× “Miss.Code Ann. § 63-11-19 (Rev.1996). The State presented evidence of periodic calibration of the machine nine days prior to Briggs's arrest and again less than two months after his arrest by a member of the Mississippi Highway Patrol certified in such work.”
Debrow v. State, 972 So. 2d 550 (Miss. 2007).
· cites it 2× “Before trial, the defense moved to suppress Debrow's test results on Fourth Amendment grounds and because Medtox was not certified by the State Crime Lab as required under Mississippi Code Section 63-11-19 (Rev.2004). The defense never raised Sixth Amendment grounds, either at…”
Jones v. State, 798 So. 2d 592 (Miss. Ct. App. 2001).
· cites it 6× “A chemical analysis of a person's breath, blood or urine is deemed valid only when performed according to approved methods; performed by a person certified to do so; and performed on a machine certified to be accurate.”
Temple v. State, 679 So. 2d 611 (Miss. 1996).
· cites it 8× “Miss. Code Ann. § 63-11-19 (emphasis added).”
State v. Blenden, 748 So. 2d 77 (Miss. 1999).
· cites it 2× “Miss.Code Ann. § 63-11-19 (1996), authorizes the Crime Lab to approve the methods to be used for analyzing blood-alcohol content.”
United States v. Jackson, 470 F. Supp. 2d 654 (S.D. Miss. 2007).
· cites it 6× “o approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory The State Crime…”
Johnston v. State, 567 So. 2d 237 (Miss. 1990).
“§ 63-11-19 (1972). These safeguards insure a more accurate result in the gathering of scientific evidence through intoxilyzers and are strictly enforced.”
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