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Mississippi Code

Miss. Code Ann. § 63-11-8 (2026)

Testing of motor vehicle operator involved in accident resulting in death

✓ current as of July 2026
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Laws, 1995, ch. 540, § 4; Laws, 1996, ch. 527, § 5, eff. 7/2/1996.

Amended by Laws, 2015, ch. 452, SB 2159, 14, eff. 7/1/2015.

Notes of Decisions
Cited in 25 cases, 1996–2013 · leading case: McDuff v. State, 763 So. 2d 850 (Miss. 2000).
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McDuff v. State, 763 So. 2d 850 (Miss. 2000). · cites it 28× “The Court is asked to determine the constitutionality of Miss.Code Ann. § 63-11-8 (1998), which provides that any driver involved in an automobile accident from which a fatality occurs shall have his blood drawn and tested for the presence of alcohol or drugs, regardless of…”
Wilkerson v. State, 731 So. 2d 1173 (Miss. 1999). · cites it 11× “§ 63-11-8 (1972 as amended) [2] in obtaining the blood evidence.”
Smith v. State, 942 So. 2d 308 (Miss. Ct. App. 2006). · cites it 12× “Smith argues that the four hour delay in obtaining a sample of his blood was unexplained and rendered the test results inadmissible under Mississippi Code Annotated section 63-11-8. He further contends that the State should have been required to establish his BAC at the time of…”
Wash v. State, 790 So. 2d 856 (Miss. Ct. App. 2001). · cites it 9× “Miss.Code Ann. § 63-11-8(1) (Rev. 2000). The statute further provides that such test shall be administered within two hours of the accident "when possible.”
Turner v. State, 726 So. 2d 117 (Miss. 1998). · cites it 4× “At least part of the trial court's ruling was based on Miss.Code Ann. § 63-11-8 (1996) which mandates that the operator of any motor vehicle involved in an accident that results in a death shall be tested for his blood alcohol content, and that those results may be used as…”
Teston v. State, 44 So. 3d 977 (Miss. Ct. App. 2008). · cites it 8× “at (¶ 12) (citing Miss.Code Ann. § 63-11-8 (1972)). The supreme court found that the delay in the defendant’s blood test was caused by the travel time to the hospital and the time it took for the nurse to obtain permission from her supervisor to perform the blood test.”
Ware v. State, 790 So. 2d 201 (Miss. Ct. App. 2001). · cites it 4× “Before addressing Ware's contention, we believe it is appropriate to address the issue of the constitutionality of drawing the blood sample since the Mississippi Supreme Court, subsequent to the filing of the briefs in this case, has held that Miss. Code Ann. § 63-11-8…”
Sanders v. Chamblee, 819 So. 2d 1275 (Miss. 2002). · cites it 3× “at 855 (striking down Miss.Code Ann. § 63-11-8). As the State points out, the statute implicated in McDuff — § 63-11-8, which authorized mandatory blood testing from a suspected DUI—is completely different from § 41-61-63.”
Acklin v. State, 722 So. 2d 1264 (Miss. Ct. App. 1998). · cites it 8× “Miss. Code Ann. § 63-11-8 (1) (Supp.1995).”
Gross v. State, 852 So. 2d 671 (Miss. Ct. App. 2003). · cites it 10× “Miss.Code Ann. § 63-11-8 (Rev.1996) (declared unconstitutional in McDuff v.”
Holloman v. State, 820 So. 2d 52 (Miss. Ct. App. 2002). · cites it 2× “Holloman appears to argue that the officers ordered the collection of the samples based solely on the authority contained in Section 63-11-8 of the Mississippi Code, which requires the collection of fluid samples from drivers in any accident that results in a fatality.”
Jones v. State, 922 So. 2d 31 (Miss. Ct. App. 2006). · cites it 2× “This motion was denied on the basis of Section 63-11-8, which allowed for automatic searches of blood alcohol content without a warrant or probable cause.”
Show all 25 citing cases →
— Miss. Code Ann. § 63-11-8(1) — 8 cases
Turner v. State, 726 So. 2d 117 (Miss. 1998). “At least part of the trial court's ruling was based on Miss.Code Ann. § 63-11-8 (1996) which mandates that the operator of any motor vehicle involved in an accident that results in a death shall be tested for his blood alcohol content, and that those results may be used as…”
McDuff v. State, 763 So. 2d 850 (Miss. 2000). “The Court is asked to determine the constitutionality of Miss.Code Ann. § 63-11-8 (1998), which provides that any driver involved in an automobile accident from which a fatality occurs shall have his blood drawn and tested for the presence of alcohol or drugs, regardless of…”
Wash v. State, 790 So. 2d 856 (Miss. Ct. App. 2001). “Miss.Code Ann. § 63-11-8(1) (Rev. 2000). The statute further provides that such test shall be administered within two hours of the accident "when possible.”
Smith v. State, 942 So. 2d 308 (Miss. Ct. App. 2006). “Smith argues that the four hour delay in obtaining a sample of his blood was unexplained and rendered the test results inadmissible under Mississippi Code Annotated section 63-11-8. He further contends that the State should have been required to establish his BAC at the time of…”
Teston v. State, 44 So. 3d 977 (Miss. Ct. App. 2008). “at (¶ 12) (citing Miss.Code Ann. § 63-11-8 (1972)). The supreme court found that the delay in the defendant’s blood test was caused by the travel time to the hospital and the time it took for the nurse to obtain permission from her supervisor to perform the blood test.”
— Miss. Code Ann. § 63-11-8(3) — 1 case
Acklin v. State, 722 So. 2d 1264 (Miss. Ct. App. 1998). “Miss. Code Ann. § 63-11-8 (1) (Supp.1995).”
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