Driving after a DUI in Mississippi: the Ignition Interlock-Restricted License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Test of .08 or more (§ 63-11-23(2)): the arresting officer seizes the license and gives a receipt on a DPS form; the receipt is valid as a permit to drive for 30 days. There is no administrative hearing request in this track: the DSB states the driver must contact the court, request a trial date and request an extension of the permit within 30 days, otherwise the license is administratively suspended for 90 days (the 'Lapse in Temporary License' suspension). Refusal (§ 63-11-23(1)): the Commissioner of Public Safety reviews the officer's sworn report and gives written notice; the suspension takes effect 30 days after the date of the notice for 90 days (1 year with a prior conviction or nonadjudication). Under § 63-11-25, if the suspension is sustained by the Commissioner the aggrieved person may file within ten (10) days after the rendition of the decision a petition in the circuit or co

“That receipt serves as a temporary permit to drive, and that permit is only valid for 30 days. When the permit expires, the driver’s license will then be administratively suspended for 90 days, under §63-11-23.”

Who can get it, and how soon

The Driver Service Bureau states that hardship licenses are not available from the Driver Service Bureau for drivers affected by DUI; the privilege that exists is the ignition interlock-restricted license, which a court must order in writing in the DUI case (Miss. Code Ann. § 63-11-23(1)(c): a person may continue to drive on an interlock-restricted license or under a drug-testing program if so ordered by a court). The DSB FAQ states drivers facing a refusal suspension may go before the court where the DUI will be adjudicated and request an order for a restricted license used with an interlock. The DSB states a CDL holder who surrenders the CDL and downgrades to a Class R license keeps the provisions available to Class R holders; nonadjudication is not available to a CDL or CLP holder.

“Hardship licenses are not available from the Driver Service Bureau for drivers affected by DUI.”

Conviction track: the DSB states the interlock-restricted license should be required by the court in a written order and that the device is installed before the driver is suspended for the conviction or nonadjudication; under § 63-11-23(5) the 120-day first-offense suspension is imposed 30 days after DPS receives the court abstract unless the person obtains an interlock-restricted license or the court orders driving only under one. Administrative track (test of .08 or more): the officer seizes the license and gives a receipt that is valid as a permit to drive for 30 days so the case can be processed in court; if a trial is requested within 30 days and not commenced, the court extends the driving privilege until final disposition, and § 63-11-23(1)(c) allows driving on a court-ordered interlock-restricted license. Refusal: notice from the Commissioner, suspension effective 30 days after t

“The ignition-interlock restricted license should be required by the court in a written order. The device is to be installed prior to the driver being suspended for the DUI conviction or non-adjudication.”

Conditions attached to the privilege

As stated by the Driver Service Bureau: a written court order for the interlock-restricted license; the person must be otherwise qualified to operate a motor vehicle and is subject to all restrictions on the privilege to drive provided by law; proof that an ignition interlock device was installed and is operating on all motor vehicles operated by the person; the vehicle must be brought to the Department of Public Safety for verification of the installation; court documents must be received by DPS from the court (not the individual). Fees listed by the DSB: $175.00 ignition-interlock fee paid when the restricted license is obtained and $56.00 for the ignition-interlock restricted driver's license (a $175.00 reinstatement fee applies later to return to a regular license). The DSB lists MASEP completion and proof of insurance for three years as first-offense conviction consequences and § 63

“a person must be otherwise qualified to operate a motor vehicle and will be subject to all restrictions on the privilege to drive provided by law AND submit proof that an ignition interlock device was installed and is operating on all motor vehicles operated by the person.”

Where and when it allows driving

No purpose, hour or geographic limits are stated by the DSB or in § 63-11-31 as fetched; the holder may drive only vehicles on which an ignition interlock device is installed and operating (all vehicles the person operates) and is subject to all restrictions on the privilege to drive provided by law. Fourth-offense and third-offense text in § 63-11-23(5) refers to an interlock-restricted license for 10 or 3 years after release; a CDL cannot be held while suspended.

“Once the ignition-interlock device has been installed, the driver must take the vehicle to the Department of Public Safety for verification that the device was installed in order to obtain the ignition-interlock restricted license.”

How it is issued

A court issues the Ignition Interlock-Restricted License by order, which is then presented to the licensing agency.

Official page: driverservicebureau.dps.ms.gov

The statute: Miss. Code Ann. § 63-11-23

“A person may continue to drive on either an interlock-restricted license or under a drug-testing program if so ordered by a court in the course of a criminal proceeding for a violation of Section 63-11-30.”