Ignition Interlock Devices (IIDs) in Mississippi

What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in Mississippi?

Ignition Interlock Devices (IIDs) are breathalyzers installed on a vehicle’s dashboard to prevent a driver from operating the vehicle if their blood alcohol content (BAC) is above a preset limit. In Mississippi, IIDs are mandated for individuals convicted of a DUI offense, as well as for those who have had their license suspended or revoked due to an alcohol-related offense. The device requires the driver to provide a breath sample before the vehicle will start. If the sample registers a BAC above the preset limit, the vehicle will not start. The device also requires intermittent breath samples while the vehicle is in motion, and if the driver fails to provide one or registers a BAC above the preset limit, an alarm will sound until they pull over and turn off the ignition.

Are IIDs mandatory for DUI or DWI offenders in Mississippi?

No, IIDs are not mandatory for DUI or DWI offenders in Mississippi. However, offenders may be required to install an ignition interlock device for subsequent DUI offenses, depending on the circumstances.

Is there a minimum BAC level or specific circumstances that trigger IID installation in Mississippi?

Yes. According to the Mississippi Department of Public Safety, all offenders who are convicted of a DUI must install an ignition interlock device in their vehicle. The minimum BAC level that triggers IID installation is 0.08% for drivers 21 and over and 0.02% for drivers under 21.

Are there different rules for first-time DUI offenders compared to repeat offenders in Mississippi?

Yes, there are different rules for first-time DUI offenders compared to repeat offenders in Mississippi. First time offenders may face up to 48 hours in jail, a fine of up to $1,000, a license revocation of up to 90 days, and mandatory completion of an alcohol safety education program. For repeat offenders, the penalties become more severe with increased jail time, increased fines, longer license revocations, and greater consequences for refusal to take a chemical test.

How long is an IID typically required to be installed in a vehicle in Mississippi?

In Mississippi, an ignition interlock device (IID) is typically required to be installed in a vehicle for at least six months. After the six-month period, the court may require an additional period of time with an IID installed in the vehicle.

Are there fees associated with the installation, maintenance, and removal of IIDs in Mississippi?

Yes, there are fees associated with the installation, maintenance, and removal of IIDs in Mississippi. The installation fee is usually around $45-$50 while the monthly monitoring fee is around $50-$60. Additionally, there is a fee of around $25 for removal of the device once the individual has fulfilled their court mandated requirements.

Do IIDs have any impact on insurance premiums for the vehicle owner in Mississippi?

Yes, vehicle owners in Mississippi may be subject to higher insurance premiums if their vehicle has an IID installed. The installation of an IID is an additional expense for the vehicle owner and insurance companies may factor in this additional cost when calculating premiums.

What happens if a driver fails an IID breath test while attempting to start the vehicle in Mississippi?

If a driver fails an IID breath test in Mississippi, the driver’s license of that individual will be suspended for 90 days and they will be required to install an Ignition Interlock Device (IID) in all vehicles they own or operate. The driver must also pay the installation fee for the device, the monthly maintenance fees, and all other applicable costs associated with keeping the device installed and functioning.

Is there a requirement for periodic rolling retests while driving with an IID in Mississippi?

No, there is no requirement for periodic rolling retests while driving with an IID in Mississippi. However, your IID must be regularly monitored to ensure it is working properly.

Can someone other than the offender drive the vehicle with an IID installed in Mississippi?

Yes. Other drivers may use the vehicle as long as they pass an ignition interlock breath test. However, the offender is responsible for all costs associated with the device, including maintenance, calibration, and rental fees.

Are there penalties for attempting to tamper with or circumvent the IID in Mississippi?

Yes, attempting to tamper with or circumvent an ignition interlock device (IID) in Mississippi is considered a misdemeanor offense with possible fines and/or jail time. Additionally, the offender’s driver’s license may be revoked or suspended for up to one year.

How does our state monitor and enforce compliance with IID requirements in Mississippi?

The Mississippi Department of Public Safety (DPS) is responsible for monitoring and enforcing compliance with IID requirements in Mississippi. The DPS works with local law enforcement and courts to ensure that offenders are properly referred to an approved IID provider, that the proper installation and calibration is done, and that required data is collected. The DPS also reviews IID reporting data from local providers to ensure that offenders are meeting the requirements. Finally, the DPS follows up with offenders to ensure that all IID requirements are met.

Is there a process for appealing or contesting the IID requirement in Mississippi?

Yes, you can appeal or contest an IID requirement at a hearing with the Mississippi Department of Public Safety. However, you should be aware that your request may not be successful, and if it is denied, your license could be suspended for an additional period of time.

Can individuals request a hardship or restricted license during IID installation in Mississippi?

No, individuals cannot request a hardship or restricted license during IID installation in Mississippi. According to the Mississippi Department of Public Safety, “all individuals required to install an Intoxalock device as a result of a Mississippi DUI conviction must serve the entire suspension period without any type of restricted or hardship license.”

What happens if someone accumulates violations or fails to comply with IID requirements in Mississippi?

If someone accumulates violations or fails to comply with IID requirements in Mississippi, their license may be suspended and they may face additional fines, fees, and/or jail time. The exact penalties vary depending on the type and severity of the violation(s).

Are there provisions for indigent individuals who cannot afford IID costs in Mississippi?

Yes, Mississippi law provides for indigent individuals to receive an ignition interlock device at a reduced cost or in some cases for free. For those who cannot afford the costs associated with the device, a court may waive all or part of those costs. In order to be eligible, a person must meet certain income guidelines and provide proof of financial need.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in Mississippi?

In Mississippi, drivers with a CDL are subject to the same alcohol-related driving laws as all other drivers, with some additional requirements. Any driver convicted of driving under the influence (DUI) or any other alcohol-related offense is required to install an ignition interlock device (IID) in their vehicle prior to reinstatement of their driver’s license. This applies to both CDL and non-CDL holders. The IID must be installed for at least six months and all testing must be done by a certified service provider. The IID must also be maintained every 30 days and the driver must complete a monthly certification statement with the Mississippi Department of Public Safety. If the driver fails to comply with these requirements, he or she may have their CDL suspended or revoked.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Mississippi?

Yes, IIDs are required for all vehicles in Mississippi, but the requirements vary depending on the type of vehicle. Motorcycles are exempt from IID requirements, but all other vehicle types must comply with IID requirements. For passenger vehicles, drivers convicted of a DUI must install an approved IID in their vehicle in order to regain their license and driving privileges. The IID must remain in the vehicle for a specified period of time before it can be removed.

Are there resources or organizations that offer support and guidance for IID users in Mississippi?

Yes, there are several organizations and resources available to IID users in Mississippi. Mississippi DMV’s Alcohol and Drug Safety Action Program (ADSAP) provides education, safety planning, and other resources for those with an Ignition Interlock Device (IID). The Mississippi Department of Mental Health also offers a statewide program for individuals arrested for driving under the influence (DUI) or related offenses that includes IID support and guidance. The Mississippi Department of Public Safety also provides a list of approved IID vendors as well as contact information for these vendors. Lastly, Mothers Against Drunk Driving (MADD) has a local chapter in Mississippi that provides resources and support to victims and survivors, as well as assistance with obtaining and using IIDs.

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in Mississippi?

Yes, individuals may have the IID requirement removed or the duration shortened in some circumstances in Mississippi. The requirements for removal or shortening of the IID requirement vary depending on the nature of the violation and the individual’s past driving record. Individuals must petition the court that issued their license suspension in order to have their IID requirement removed. The court may require the individual to complete a substance abuse program or other requirements before allowing for the removal of the IID requirement.