Mississippi Ignition Interlock Credit for Time Served

Administrative processes can take a lot of time, especially with a Mississippi DUI. From the DMV to a court hearing, there’s a lot of waiting in between, and not much you can do to get on with your life, except to install a Mississippi ignition interlock device. If you submitted to and failed a chemical test your license will be suspended for a minimum of 90 days.  The arresting officer will issue you a temporary permit that will allow you to drive up until your DUI criminal trial.  If your trial date gets pushed out, you may request an extension of your temporary permit through the court.

State law says that you can install a Mississippi ignition interlock device (you will need to be eligible through the DMV) even if you haven’t been ordered to by the court. If you go ahead and do that, once you get into court, you’ll be credited for the time you’ve already spent with the device.  A person who installs an ignition interlock device and obtains an interlock restricted license before conviction or non-adjudication shall be given credit for the time period the ignition interlock device has been in use at the time of sentencing or non-adjudication. A non-adjudication is where the judge withholds a judgment of guilt after a guilty plea or trial.

To qualify for a non-adjudication, a petition for non-adjudication must be filed with the Court before conviction, and whether your case will be non-adjudicated is left to the discretion of the Court. If the Court permits the non-adjudication, the person will be ordered to pay a $250 fee, pay all fines for conviction, and complete an alcohol safety education program. After successfully completing the program, the person can continue driving if he or she installs an ignition interlock device on every vehicle driven by that person, obtains an interlock restricted license, and maintains it for 120 days. After the 120 days, the person must obtain proof from the interlock vendor that there were no violations of the interlock device during that time. After all of these conditions are satisfied, the court will enter an order of non-adjudication.  A DUI is the last thing you want, but if it happens, you’re really going to want that Mississippi ignition interlock in place.