The Ignition-Interlock Restricted License: Driving Instead of a 120-Day Suspension

Quick answer: After a first DUI conviction in Mississippi, a regular license is suspended for 120 days. To keep driving instead, the court can order an ignition-interlock restricted license. The device goes on every vehicle you operate, it must be installed before the suspension starts, and you take the vehicle to the Department of Public Safety (DPS) to get the license. DPS lists a $175 interlock fee and $56 for the license. It starts with a written court order, so the question belongs in your case early.

What is an ignition-interlock restricted license?

It is a driver’s license limited to vehicles equipped with an ignition-interlock device. Section 63-11-31 of the Mississippi Code governs it, according to DPS. A court may order the device installed and used on every vehicle operated by a person who was convicted or non-adjudicated, and each device stays installed and maintained for the period the court sets.

DPS says the restricted license “should be required by the court in a written order.” So you do not walk into a station and pick this option. The court order comes first.

Who can get one?

DPS lists these paths on a first offense:

• After a first conviction. The 120-day suspension of a regular license applies “absent a court order” for the restricted license. To continue driving instead of serving the suspension, the court can order the driver to get it.
• In a non-adjudication. For an alcohol violation, the statute has the person install the device, get the restricted license and keep it for 120 days, or else serve a 120-day suspension. See non-adjudication on a first DUI.
• After a refused test. To avoid a suspension of a regular license for refusing, courts may issue an order for the restricted license. See refusing the breath test.

If the violation involved a substance other than alcohol, non-adjudication works differently: a 120-day program with court-ordered drug testing at least every 30 days, or else a 120-day suspension.

You must also be otherwise qualified to operate a motor vehicle. A commercial license follows separate rules, so raise that right away if you hold one.

How do I get the license?

DPS lays out the order:

1. Get the written court order. It comes from the court handling your case.
2. Contact an installer. DPS lists Alcohol Detection Systems, Intoxalock, Life Safer, Superior Interlock Services and Smart Start, and says to tell them your location so they can point you to the nearest site.
3. Install the device. It is to be installed before you are suspended.
4. Go to DPS with the vehicle. You must take the vehicle to DPS for verification that the device was installed, and submit proof it is installed and operating on all motor vehicles you operate.
5. Pay the fees and get the license.

If your order comes from a non-adjudication, DPS encourages you to call its DUI Department first, to make sure your court documents have been received and entered on your record before you go to the station. Those documents should be mailed from the court within five business days of the order.

What does it cost, and how long does it last?

DPS publishes these fees. The first two are paid to get the restricted license. What the installer charges is not on the DPS page, so ask for that up front.

Item	Amount	When
Ignition-interlock fee	$175	When you obtain the restricted license
Ignition-interlock restricted license	$56	When you obtain the restricted license
Reinstatement to a regular license	$175	After a suspension related to the implied consent law has been served

On timing, the non-adjudication section of the statute says 120 days. For a conviction, DPS says each device is installed and maintained for the period the court sets, so read your order closely. DPS lists longer interlock-only periods for repeat offenses: three years after release on a third offense and ten years on a fourth or subsequent offense. On a second offense within five years, the suspension is one year absent an order for the restricted license. Those repeat-offense periods are far longer than the 120 days a first offense involves, which is one more reason to take a first charge seriously.

How much time do I have?

Less than you might think. DPS says suspensions for convictions and non-adjudications start 21 days from the date the court order was entered, and the device is to be installed before the suspension. Installation, the trip to DPS and the paperwork all have to fit inside that window, so line up an installer as soon as you know the order is coming.

It helps to keep this separate from the earlier deadline. The 30-day temporary permit runs from the arrest, and a lapse brings its own 90-day suspension. See the 30-day clock.

Do I still have to take the class?

Yes. The interlock license deals with the suspension, not the rest of the case. A first-offense conviction also requires MASEP, the first-offense DUI class, and proof of insurance for three years.

Should I ask for one?

It depends on how much you need to drive, how many vehicles you operate and what your court will order. Attorney Mark A. Cliett has over 30 years of experience and has served as a prosecutor and judge. Read about first-offense DUI defense, or see the pages for Columbus and Starkville. Call (662) 494-4999 or contact the office for a free consultation, by appointment.