Restricted and Hardship Licenses in Mississippi

Posted by James Ferguson | Oct 15, 2019 | 0 Comments

Restricted and hardship licenses are a part of the DUI penalty scheme that states have implemented for those who have been convicted of DUI. There are two main ways the court can grant a restricted license instead of a fully suspended license. These special considerations acknowledge that certain individuals are the prime financial providers of their households and if they are unable to get to work each day, others, especially children, will suffer the effects. To challenge a full suspension of a driver's license, the offender must seek a court order.

Interlock Restricted License
Some offenders who have to maintain employment and other life obligations will receive an order to install ignition interlock devices in their cars. At the most basic level, this device functions as a normal Breathalyzer. After a person blows into the mouthpiece, the device will measure the alcohol in a person's body. If the calculated amount is over the amount that is programed into the device, the device will lock the vehicle's ignition and the car will not start. The person has another opportunity to start the vehicle at a later time.
Not only must the person complete the test to start the car, but at random times, when the car is in motion, the device may alert the driver to test his or her alcohol level. If alcohol is detected, some devices will cause the car's lights to flash and the horn to sound. This is to alert the driver to park the car and retest at a later time. This function is to ensure that the driver did not consume alcohol after the initial test. Mississippi is one of 42 states that have instituted the ignition interlock system for DUI offenders.

Hardship Restricted License
Offenders who have an ignition interlock system may also have a hardship restricted license instead of a fully suspended license. Each state and jurisdiction has its own procedures for applying for a hardship license. In Mississippi, the hardship license application must be filed with the court where the DUI conviction occurred. In the application, the applicant must provide the basis of the request for a restricted license. This can include an obligation to attend work, school, or drive children to their necessary destinations, and to receive alcohol or drug education assistance. Offenders with restricted licenses are expected to adhere to agreed upon schedules. Outside of that schedule, they are prohibited from driving.

Violating the Terms of a Restricted License
DUI offenders who violate their restricted license are subject to similar penalties that are applied to offenders who violate the terms of their probation. These penalties can include a revocation of the license, additional monetary penalties, and even jail time. This is why a hardship or restricted license provides the offender with leeway to accomplish his or her obligations without risk of additional penalties.

Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases. Driving Under the Influence is a serious crime. If you have been charged with DUI, you need an experienced attorney. Attorney Ferguson is well-versed is DUI defense strategies tailored to individuals who must make a request for a restricted license. Attorney Ferguson understands the importance of putting the charge behind you and ensuring that you are informed of all possible consequences. Call us now for a consultation.

See related blog posts:
Inside the DUI Plea Bargaining Process
Does Your Employer Care About Your DUI Conviction?

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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