If you or someone you know is facing a DUI charge in Mississippi, you may have heard the term "ignition interlock device," "ignition interlock," or even just "interlock" mentioned. So, what exactly is an ignition interlock, and how does it work?
Understanding the Basics of an Ignition Interlock Device
An ignition interlock device is a small breathalyzer installed in a car to prevent it from starting unless the driver provides a breath sample with an alcohol level below a specified limit. These devices are often required for individuals convicted of DUI (Driving Under the Influence) offenses as a condition for driving privileges after a conviction or for people who are going through a DUI nonadjudication.
Here’s how an interlock device works:
1. Breath Sample Before Driving: Before starting the car, the driver must blow into the device, which measures the amount of alcohol on their breath.
2. Start-Up Control: If the interlock detects that the driver’s breath alcohol concentration (BAC) exceeds the pre-programmed limit (typically 0.02% or lower), the car will not start. Also, a report is usually sent to the company that maintains the interlock. That company may then alert the court where the DUI charge was filed.
3. Rolling Retests: In many cases, the interlock will require "retests" every so often while the car is being driven to make sure the driver hasn’t consumed any alcohol after starting the vehicle.
When Are Ignition Interlock Devices Required in Mississippi?
Mississippi has stringent laws regarding DUI offenses, and the use of ignition interlock devices is a common part of the penalties for those convicted of drunk driving. They are also commonly used by people who have NOT been convicted of DUI, but who are instead going through a nonadjudication. The Mississippi Implied Consent Law allows courts to impose the installation of an IID for a variety of DUI-related offenses, including:
• First-time DUI offenders: Even first-time offenders may be required to install an IID in their vehicle as a condition of regaining limited driving privileges.
• Repeat DUI offenders: For individuals with multiple DUI convictions, an IID is mandatory for an extended period.
• Refusal to take a breathalyzer test: Refusing a law enforcement officer’s request to submit to a chemical test may also result in a license suspension, where installing an IID can allow limited driving.
Under Mississippi law, the installation of an ignition interlock is generally required for a period of at least 120 days in order to avoid an outright license suspension, though it can be longer for repeat offenders or more serious DUI convictions.
How Does an Ignition Interlock Device Impact Driving Privileges?
In Mississippi, the use of an ignition interlock allows individuals who have had their licenses suspended due to a DUI to regain limited driving privileges. Essentially, a person's license is suspended for 120 days in Mississippi if they are found guilty of first offense DUI. They can still operate a vehicle on a license that requires them to have an ignition interlock device on their car during that time, however. A person who is in a DUI nonadjudication program can also choose to either drive with an interlock device or have their license suspended.
Things to consider when thinking about ignition interlock devices:
• Costs: The individual convicted of a DUI is responsible for the costs associated with the installation, maintenance, and monitoring of the ignition interlock device. These devices can be expensive, often costing several hundred dollars for installation, plus monthly fees around $100.00 per month.
• Maintenance: The device must be regularly serviced, and any tampering with the device can result in additional legal consequences.
Why Are Ignition Interlock Devices Important?
The primary goal of using ignition interlocks is to increase road safety by ensuring that individuals with DUI convictions are unable to drive under the influence again. Studies have shown that these devices significantly reduce repeat DUI offenses, helping to keep roads safer for everyone. They also provide an extra layer of comfort for judges administering a DUI nonadjudication program.
Importantly for people facing a DUI charge or conviction, the installation of an ignition interlock allows them to keep driving. That enables them to keep their jobs, stay in school, and care for themselves and those who depend on them.
Conclusion
Ignition Interlock Devices play a large role in Mississippi's DUI landscape. If you or a loved one has been charged with a DUI, it is important to understand how an ignition interlock may lessen the impact a DUI charge can have on your future. If you’re facing DUI charges, make sure you speak with lawyers who have extensive experience in Mississippi DUI law who can guide you through your legal options and help you understand the potential consequences. For more reading on DUIs in Mississippi, please click here.