By William Moore
Daily Journal
TUPELO – If you’re currently winding through the court system after being charged with a DUI, the odds are pretty good your case will be delayed a month or two.
Changes to the state DUI law went into effect Oct. 1, but it will be next month before it is applied, and until then, some cases are being postponed.
Court clerks, judges and prosecutors all have questions about the new law that allows the use of automobile ignition interlock systems as well as allows first-time driving under the influence offenders to have the conviction removed from their permanent record.
“The procedures and process have not been fully implemented,” said Dennis Voge, who serves at Lee County Justice Court interim judge as well as the city judge for Saltillo. “The only way to handle it is to reschedule until January.
“These pending cases will certainly not be dismissed. The people will have their day in court, it will just take a little longer.”
According to Grace Craig with the Secretary of State’s office, the rules and procedures were proposed by the Department of Public Safety on Sept. 10 and the final version was filed Oct. 10. State law requires a 30-day waiting period, so the rules will not go into effect until Nov. 9.
Lee County prosecuting attorney James Moore said the courts still have not been provided with a list of state-approved vendors. Once the new law is in full effect, he expects plenty of people to take advantage of the new law.
“If convicted of a first offense DUI, you can avoid having your driver’s license suspended by getting an ignition interlock on your vehicle for the next 90 days,” said Moore. “Under the old law, the license would be suspended.”
For an additional fee and more time with the interlock, a first-time offender can have the DUI removed from their record. To have the case nonadjudicated, the person must comply with the normal court orders, have the interlock on their car for 120 days and not have any violations of the interlock. There is an additional $250 fee for nonadjudication.
The Tint Shop on South Gloster in Tupelo has been certified to install the interlock systems. The systems cost about $130 per month and can be installed in most cars in less than 90 minutes. Units with cameras take a little longer and the monthly lease is a little more. The cameras take a picture of whoever is blowing to make sure it is the offender each time.
“It usually takes longer to train the person how to use it than to install it,” said Tint Shop owner Gene Byars. “You have to blow and hum at the same time. It took me five times to pass and I don’t even drink.
“It’s designed to make sure a kid isn’t doing it. You have to blow hard and humming at the same time is hard to do.”
The interlocks are precision calibrated. Any presence of alcohol will prevent the car from starting. There are also random tests once the car is started. If the driver fails, the car will not restart when it is turned off.
“The units also have to be recalibrated every 30 days,” said Byars. “If you don’t, it starts a 72-hour countdown. At the end of the 72 hours, the car is immobilized.”
william.moore@journalinc.com