Miss. Code § 59-23-3

Current through the 2024 Regular Session

Section 59-23-3 - Definitions

For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:

(a) "Chemical test" means an analysis of a person's blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.

(b) "Intoxicated" means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.

(c) "Law enforcement officer" means any officer described in Section 63-11-19 and includes a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks and a marine law enforcement officer employed by the Department of Marine Resources.

(d) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was eight one-hundredths percent (.08%) or more by weight of alcohol in the person's blood.

(e) "Public waters" means all public waters over which the state has jurisdiction.

(f) "Watercraft" means a motorized vessel with a motor of twenty-five (25) horsepower or greater used for transportation on public waters and personal watercraft (jet skis).

(g) "Operates a watercraft" or "operation of a watercraft" shall mean a watercraft that is underway in the water.

Miss. Code § 59-23-3

Laws, 1995, ch. 620, § 2; Laws, 1996, ch. 406, § 1; Laws, 2010, ch. 370, § 1, eff. 7/1/2010.