If any person be unconscious or dead as a result of an accident, or unconscious at the time of arrest or apprehension or when the test is to be administered, or is otherwise in a condition rendering him incapable of refusal, such person shall be subjected to a blood test for the purpose of determining the alcoholic content of his blood as provided in this chapter, if the arresting officer has reasonable grounds to believe the person to have been driving a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor. The results of such test or tests, however, shall not be used in evidence against such person in any court or before any regulatory body without the consent of the person so tested, or, if deceased, such person's legal representative. However, refusal of release of evidence so obtained by such officer or agency will in criminal actions against such person result in the suspension of his or her driver's license for a period of ninety days as provided in this chapter for conscious and capable persons who have refused to submit to such test. Blood may only be withdrawn under the provisions of Section 63-11-9. It is the intent of this chapter that blood samples taken under this section shall be used exclusively for statistical evaluation of accident causes with safeguards established to protect the identity of such victims and to extend the rights of privileged communications to those engaged in taking, handling and evaluating such statistical evidence.
Codes, 1942, § 8175-10; Laws, 1971, ch. 515, § 10, eff. 4/1/1972.
Notes of Decisions
Cited in
19
cases, 1975–2014 · leading case:
Deeds v. State, 27 So. 3d 1135 (Miss. 2009).
Deeds v. State, 27 So. 3d 1135 (Miss. 2009).
· cites it 32× “Miss.Code Ann. § 63-11-7 (Rev.2004). [8] Similarly, the Mississippi Constitution of 1890 provides that "[i]n all criminal prosecutions the accused shall have a right .”
Whitehurst v. State, 540 So. 2d 1319 (Miss. 1989).
· cites it 38× “I do not concur in the majority's treatment of Miss. Code Ann. § 63-11-7 . DAN M. LEE, P.”
Irby v. State, 49 So. 3d 94 (Miss. 2010).
· cites it 16× “” Miss. Code Ann. § 63-11-7 (Rev.2004). According to Irby’s motion in limine, the analysis for other substances should have been suppressed because the statute at issue allows only for blood-alcohol analysis, not for the presence of other intoxicating substances.”
Edwards v. Ellis, 478 So. 2d 282 (Miss. 1985).
· cites it 11× “Miss. Code Ann. § 63-11-7 (1972) states: If any person be unconscious or dead as a result of an accident, or unconscious at the time of arrest or apprehension or when the test is to be administered, or is otherwise in a condition rendering him incapable of refusal, such person…”
Bryant v. Alpha Ent. Corp., 508 So. 2d 1094 (Miss. 1987).
· cites it 7× “Some three hours after the accident blood was taken from Kevin King pursuant to § 63-11-7, Mississippi Code Annotated (1972), and an analysis indicated an alcoholic content of .”
Stong v. Freeman Truck Line, Inc., 456 So. 2d 698 (Miss. 1984).
· cites it 5× “Section 7 of Chapter 11 [§ 63-11-7] authorizes and establishes procedures for obtaining blood tests from persons "unconscious or dead as a result of an accident".”
Whitaker v. State, 146 So. 3d 333 (Miss. 2014).
· cites it 6× “” Miss. Code Ann. § 63-11-7 (Rev. 2013). ¶ 14.”
Cutchens v. State, 310 So. 2d 273 (Miss. 1975).
· cites it 4× “Cutchens next contends that the result of the test conducted on the blood taken from his body and all testimony in relation thereto was admitted contrary to the express provisions of Mississippi Code Annotated section 63-11-7 (1972) which provides in part as follows: If any…”
McNamee v. State, 313 So. 2d 392 (Miss. 1975).
· cites it 4× “The trial judge ruled that because of the language of Mississippi Code Annotated Section 63-11-7 (1972) and the refusal of the consent of the father of the deceased, this testimony was inadmissible.”
McDuff v. State, 763 So. 2d 850 (Miss. 2000).
“Under § 63-11-7, when a driver is unconscious, dead, or otherwise incapable of refusing a test as the result of an accident, that driver will be subject to a blood test "if the arresting officer has reasonable grounds to believe the person to have been driving .”
Whitley v. State, 511 So. 2d 929 (Miss. 1987).
“He argues that the evidence indicates he was unable to consent to the test; that the evidence was inadmissible under Mississippi Code Annotated § 63-11-7 (1972), and constituted reversible error.”
People v. Perlos, 428 N.W.2d 685 (Mich. Ct. App. 1988).
“See also Miss Code Ann §63-11-7 (1972); Tenn Code Ann § 55-10-406(b) (Supp 1987); DC Code Ann § 40-505(b) (Supp 1987) (blood tests performed on unconscious driver not admissible without driver’s consent).”
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