Mississippi DUI offenders convicted of a second or subsequent offense in the state of Mississippi will be subject to vehicle impoundment and sale of all vehicles registered to the person convicted.
If, however, other licensed drivers living in the household are dependent upon the vehicle, then the court may order the installation of an ignition interlock device (IID) instead. An ignition interlock device (IID) is a device which connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if the driver's blood alcohol level exceeds the calibrated setting on the device (typically .03 - by law the setting must be between .02 and .04).
DUI offenders must also install an IID on all vehicles registered in their name for a minimum of 6 months following reinstatement of the person's driver's license. All costs associated with installation and maintenance of the IID must be paid by the DUI offender.
The requirements for having an interlock device in Mississippi
Any person order to install and IID may not operate a motor vehicle that is not equipped with the device. The person's driver's license will reflect that an IID restriction is in place and that the person is prohibited from operating a vehicle without an IID device. Offenders are required to provide proof of installation of the device to the court. The person must have the IID monitored for proper use and accuracy by a company approved by the court. All costs associated with leasing, buying, monitoring and maintaining the device are the responsibility of the offender.
Tampering with an ignition interlock in Mississippi
It is a crime to tamper or attempt to circumvent an IID device. Persons who attempt to circumvent or tamper will be charged with a misdemeanor offense that carries a penalty of $250-$1,000 fine and/or 1 year imprisonment upon conviction. It is illegal to solicit a person to attempt to start a motor vehicle equipped with an IID device. In other words, a DUI offender cannot ask a sober friend to blow into the machine to start the car so that he may drive the car himself. In addition to requiring a sober breath sample to start the vehicle's ignition, random additional breath samples will be required periodically while the car is in motion. Violations of these provisions are misdemeanor offenses punishable by up to $1,000 and 1 year in jail. It is also a misdemeanor offense to knowingly allow a person restricted to operating cars equipped with IIDs to operate a vehicle without a device.
ATTENTION:
A Mississippi drunk driving arrest starts the clock running. You only have
10 days
after your arrest to request a hearing to try to save your drivers license. If you miss the deadline, you may lose your right to challenge the licensing aspect of your case.
It is important to contact a local defense lawyer immediately to get information about your case and to make sure that you don't lose your important rights.