House Bill 984

AN ACT TO REQUIRE AN IGNITION INTERLOCK SYSTEM, THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY, IN THE CARS OF CERTAIN CONVICTED DRUNKEN DRIVERS TO PREVENT THE DRIVERS FROM DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this act, "ignition interlock system" means a system approved by the Department of Public Safety that prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level of less than twenty-five one-thousandths percent (.025%).

(2) In addition to any other requirements imposed by the court, if a person has been convicted for a first offense under

Section 63-11-1 et seq., the court may order the installation of an approved ignition interlock system on each motor vehicle owned by the person to be effective upon the restoration of operating privileges by the department. A record shall be submitted to the department when the court has ordered the installation of an approved interlock ignition device. Before the department may restore such person's operating privilege, the department must receive a certification from the court that the ignition interlock system has been installed.

(3) In addition to any other requirements imposed by the court, if a person has been convicted of a second or subsequent violation of Section 63-11-1 et seq., the court shall order the installation of an approved ignition interlock device on each motor vehicle owned by the person to be effective upon the restoration of operating privileges by the department. A record shall be submitted to the department when the court has ordered the installation of an approved interlock ignition device. Before the department may restore such person's operating privilege, the department must receive a certification from the court that the ignition interlock system has been installed.

(4) If a person's operating privileges are suspended for a second or subsequent violation of Section 63-11-1 et seq., and the person seeks a restoration of operating privileges, the court shall certify to the department that each motor vehicle owned by the person has been equipped with an approved ignition interlock system.

(5) A person seeking restoration of operating privileges shall apply to the department for an ignition interlock restricted license which will be clearly marked to restrict the person to operating only motor vehicles equipped with an approved interlock ignition system.

(6) During the year immediately following restoration of the person's operating privilege, and thereafter until the person obtains an unrestricted license, the person shall not operate any motor vehicle on a highway within this state unless the motor vehicle is equipped with an approved ignition interlock system.

(7) One (1) year from the date of issuance of an ignition interlock restricted license under this section, if otherwise eligible, a person may apply for an additional replacement license that does not contain the ignition interlock system restriction.

(8) A person whose operating privilege is suspended for a second or subsequent violation of Section 63-11-1 et seq., who does not apply for an ignition interlock restricted license, shall not be eligible to apply for the restoration of operating privileges for an additional year after otherwise being eligible for restoration under subsection (4) of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.