Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

An interlock device—more formally called an ignition interlock device (IID)—is a small breathalyzer that’s installed in a vehicle to prevent it from starting if the driver has alcohol in their system.

Here’s how it works:

1. Before starting the car – The driver must blow into the device.
2. Alcohol check – If the breath sample is above a preset blood alcohol concentration (BAC) limit (often 0.02–0.025%), the vehicle will not start.
3. Rolling retests – While driving, the device may randomly require another breath sample to ensure the driver hasn’t started drinking after the car was in motion.
4. Data logging – The device records test results, missed tests, and any tampering attempts, which are usually reported to the court, probation officer, or DMV.

They’re most often ordered in DUI/DWI cases, and in Mississippi, courts can require one for certain offenders as a condition of keeping driving privileges.

1. In Mississippi, an ignition interlock device (IID) is a key part of the state’s DUI penalty system.

2. How the IID-Restricted License Works:

• You must have the IID installed by a state-certified provider.
• Your driver’s license is replaced with an “Interlock Restricted” license.
• You can drive only the vehicle with the IID installed.
• The IID logs every start attempt and rolling retest, and those logs are sent to the court/DMV monthly.

3. Costs and Compliance

• Installation fee: usually $75–$150.
• Monthly monitoring/calibration fee: about $60–$100.
• You must maintain the IID for the full required period, with no missed calibrations or violations

Yes — a DUI is very costly, especially in Mississippi, even if it’s your first offense. The direct fines are just the tip of the iceberg; the hidden costs often end up being several times higher.  

• Attorney’s fee
• Alcohol safety education program
• Possible substance abuse assessment
• Any recommended treatment
• Base fine
• Court costs & assessments
• Ignition interlock installation (IID)
• Monthly IID maintenance

MASEP stands for the Mississippi Alcohol Safety Education Program.

It’s a state-mandated program that people convicted of a DUI in Mississippi must complete before getting their license fully reinstated.

Purpose

• To educate drivers about the dangers and legal consequences of impaired driving.
• To reduce repeat DUI offenses by addressing both legal knowledge and alcohol/drug use behavior.

The Intoxilyzer 8000 is a type of evidential breath-testing device used by law enforcement to measure a person’s blood alcohol concentration (BAC) from a breath sample.  Some Mississippi law enforcement agencies still use the Intoxilyzer 8000 although the Intoxilyzer 9000 is being distributed throughout Mississippi. Officers must be certified to operate it, and the machine must be regularly calibrated and maintained.

The Intoxilyzer 9000 is a breath-testing device used by law enforcement to measure a person’s blood alcohol concentration (BAC) from a breath sample. It’s an updated version of earlier models like the Intoxilyzer 8000, and it’s currently used by many law enforcement agencies in Mississippi.

This machine will replace the Intoxilyzer 8000 instruments which were purchased more than 20 years ago. The Intoxilyzer 9000 is a modern infrared-based breath alcohol instrument designed for mobile or stationary use. Officers must be certified to operate it, and the machine must be regularly calibrated and maintained. 

Difference from a portable breathalyzer – The Intoxilyzer 9000 is stationary and used at police stations or DUI checkpoints, not handheld in the field. Officers may first use a portable breathalyzer for a preliminary test, then use the Intoxilyzer 9000 for the official evidentiary test.

MADD stands for Mothers Against Drunk Driving.

It’s a nonprofit advocacy organization founded in 1980 by a mother whose daughter was killed by a drunk driver. MADD’s mission is to end impaired driving, support victims of drunk and drugged driving, and prevent underage drinking.

In Mississippi, if you’re convicted of a DUI, the court will order you to attend both MASEP (education) and a MADD Victim Impact Panel (emotional awareness). They’re separate requirements.

Yes, in Mississippi, if you refuse to take a breathalyzer test (including the Intoxilyzer 8000) after being lawfully arrested for DUI, your driver’s license will be suspended under the state’s implied consent laws.

A portable breathalyzer is a small, handheld device that law enforcement officers use on the roadside or in the field to estimate a driver’s blood alcohol concentration (BAC) from a quick breath sample. It helps officers decide if there’s probable cause to arrest for DUI. Portable breathalyzers are not as accurate or reliable as evidential breath test machines like the Intoxilyzer 8000/9000. A more accurate, stationary device like the Intoxilyzer 8000/9000 is used for the official test.

Blood Alcohol Content (BAC) is a measurement of the amount of alcohol in a person’s bloodstream.

It’s usually expressed as a percentage—for example, a BAC of 0.08% means there are 0.08 grams of pure alcohol per 100 milliliters of blood.

Key points:

• BAC is used to measure intoxication and is often the legal standard for determining if someone is too impaired to drive.
• In most U.S. states, including Mississippi, the legal driving limit for adults is 0.08% BAC.
• BAC can be measured through a breath test, blood test, or sometimes urine test.
• Factors like body weight, sex, metabolism, food intake, alcohol type, and time since drinking can all affect BAC.

If your driver’s license is suspended or revoked because of a DUI and you keep driving anyway, you’re opening the door to legal trouble.

Mississippi Code Annotated § 63-11-40. Driving while driving license or privilege cancelled, suspended or revoked.

Any person whose driver’s license, or driving privilege has been cancelled, suspended or revoked under the provisions of this chapter and who drives any motor vehicle upon the highways, streets or public roads of this state, while such license or privilege is cancelled, suspended or revoked, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than forty-eight (48) hours nor more than six (6) months, and fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).The commissioner of public safety shall suspend the driver’s license or drivingprivilege of any person convicted under the provisions of this section for an additional six (6) months. Such suspension shall begin at the end of the original cancellation, suspension or revocation and run consecutively.

Field sobriety tests are physical and cognitive exercises that police officers use during a traffic stop to help determine whether a driver may be impaired by alcohol or drugs. They’re typically given after an officer observes signs of impairment—such as erratic driving, the smell of alcohol, or slurred speech.

These tests aren’t the same as a breathalyzer; instead, they assess a person’s balance, coordination, attention, and ability to follow instructions.

The most common Standardized Field Sobriety Tests (SFSTs)—developed by the National Highway Traffic Safety Administration (NHTSA)—are:

1. Horizontal Gaze Nystagmus (HGN) – The officer moves a pen or small object side-to-side and watches the driver’s eyes for involuntary jerking movements that become more pronounced when someone is impaired.
2. Walk-and-Turn – The driver must walk heel-to-toe along a straight line, turn on one foot, and return the same way, all while following instructions exactly.
3. One-Leg Stand – The driver must stand on one leg while counting out loud for a set period, testing both balance and focus.

Important:

• These tests are subjective—officers score them based on their own observations.
• Poor performance doesn’t always mean intoxication; fatigue, medical conditions, injuries, or even anxiety can cause someone to “fail.”
• Drivers are not legally required to take field sobriety tests, though refusing might still lead to arrest if the officer believes there’s probable cause.

1. Right to Remain Silent.

• Mississippi law matches the U.S. Constitution here — you don’t have to answer questions about your drinking, where you were, or other potentially incriminating topics.
• You must hand over your driver’s license, vehicle registration, and proof of insurance.

2.  Right to Refuse the Field Sobriety Tests

• In Mississippi, you can refuse field sobriety tests (walk-and-turn, one-leg stand, HGN/eye test).
• Refusal isn’t a separate criminal offense, but the officer can still arrest you based on other signs (odor of alcohol, slurred speech, erratic driving).

3.  Right to Refuse - Implied Consent for Chemical Testing

• Key Mississippi rule: By driving in Mississippi, you agree to take an Intoxilyzer 8000/9000 breath test, or a blood/urine test, if you are lawfully arrested for DUI.
• You have the right to refuse - Refusal penalties:
• Miss. Code Ann. § 63-11-23(5):
• "a)When sentenced under Section 63-11-30(2):
• (i)For a first offense: one hundred twenty (120) days; (ii)For a second offense: one (1) year;( iii)For a third offense: for the full period of the person’s sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for three (3) years; (iv)For a fourth or subsequent offense: for the full period of the person’s sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for ten (10) years and will further be subject to court-ordered drug testing if the original offense involved operating a motor vehicle under the influence of a drug other than alcohol."

• Refusal can be used against you in court to imply “consciousness of guilt.”

4.  Right to Ask for an Independent Test

• Mississippi Code § 63-11-13 gives you the right to request an independent chemical test at your own expense, after the state’s test.
• Police must give you reasonable assistance in arranging it.

5. Right to an Attorney

• You can ask to speak to a lawyer after arrest.
• However — Mississippi law doesn’t guarantee that you get to speak to an attorney before deciding whether to take the Intoxilyzer test. You often have to decide right there.g might still lead to arrest if the officer believes there’s probable cause.

 Yes, you have the Right to Ask for an Independent Test

• Mississippi Code § 63-11-13 gives you the right to request an independent chemical test at your own expense, after the state’s test.
• Police must give you reasonable assistance in arranging it.

Miss. Code Ann. § 63-11-13. Right of accused to have test administered by person of his choice; effect of failure to obtain additional test.

"The person tested may, at his own expense, have a physician, registered nurse, clinical laboratory technologist or clinical laboratory technician or any other qualified person of his choosing administer a test, approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17, in addition to any other test, for the purpose of determining the amount of alcohol in his blood at the time alleged as shown by chemical analysis of his blood, breath or urine. The failure or inability to obtain an additional test by such arrested person shall not preclude the admissibility in evidence of the test taken at the direction of a law enforcement officer."

Miss. Code Ann. § 45-1-17.  Crime detection and medical examiner laboratory.

"The commissioner shall have the authority to establish, staff, equip and operate a crime detection and medical examiner laboratory, and to cooperate with the University Medical Center and other hospitals and laboratories in its operation."

 In Mississippi, the Zero Tolerance for Minors law is a special DUI rule that applies to drivers under age 21.

Core Rule

• For minors, the legal BAC limit is 0.02% — far lower than the 0.08% limit for adults.
• Even a small amount of alcohol can trigger a DUI charge, because the state wants to discourage any drinking and driving by those under 21.

Miss. Code Ann. § 63-11-30(3) Zero tolerance for minors.

• (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If the person’s blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
• (b)(i) A person under the age of twenty-one (21) is eligible for nonadjudication of a qualifying first offense by the court pursuant to subsection (14) of this section.(ii) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined Two Hundred Fifty Dollars ($250.00); the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months. The court may also require attendance at a victim impact panel.
• (c) A person under the age of twenty-one (21) years who is convicted of a second violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than Five Hundred Dollars ($500.00).
• (d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
• (e) License suspension is governed by Section 63-11-23 and ignition interlock is governed by Section 63-11-31.
• (f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health.