Mississippi Mississippi’s all -offender ignition interlock law went into effect October 2014. Judges have the option to order interlocks as part of diversion agreements for 120 days. From 2006 to 2020 in Mississippi, interlocks stopped 9,485 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 1,507 attempts to drive drunk in 2020.
Grade: C (74/100) Mississippi’s all -offender law needs an upgrade. The state could improve the law by requiring all drunk drivers to use an interlock before obtaining an unrestricted license.
Why does MADD call the law all-offender? A first-time offender can drive during a diversion agreement with an ignition interlock or the person cannot drive at all. Process to obtain an ignition interlock 1. Serve all jail and suspension time, completing the Mississippi Alcohol Education Program (MASEP), if required. 2. The person must have a copy of the Motor Vehicle Report (MVR) and proof of hardship. 3. File for SR-22 insurance and a Hardship License. 4. Schedule an appointment to have an interlock device installed. 5. Visit MDPS office or fill out a form online to pay reinstatement fee. MDPS will mail the person a clearance letter if they satisfied all reinstatement requirements. 6. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon arrest 120 days
Require interlock use for any non- adjudication (diversion agreement and allow for the use of interlock upon arrest for repeat/refusals.
1 year
Second offense
Unclear
Unclear
90 to 180 days
First refusal
Yes
Can a drunk driver wait out an interlock order?
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes Interlocks users must prove to Department of Public Safety (DPS) that none of the following incidences occurred within the last 30 days: 1) an attempt to start the vehicle with a BAC of .04 or more, 2) failure to take or pass any required retest, 3) Failure of the person to appear at the interlock vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No A person who obtains driving privileges during a license suspension for non-adjudication, must use an interlock or not drive at all.
As part of any non-adjudication agreement, allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes The Court determines indigency based of enrollment in any of the following programs: 1)Temporary Assistance for Needy Families (TANF), 2) Medicaid assistance, 3) The Supplemental Nutritional Assistance Program (SNAP), 4) Supplemental security income (SSI), 5) Participation in a federal food distribution program, 6) Federal housing assistance, 7) unemployment compensation. No more than 10% of the money in the Interlock Device Fund in any fiscal year shall be expended by the department for the purpose of administering the fund.
Sources: §171.306, §169A.275 (7), Mississippi Department of Public Safety.
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