If you’ve been charged with a DUI, but want to continue to drive, one option that’s usually available to you is an Ignition Interlock Device.
Theses devices consist of a breathalyzer machine that is installed in the offender’s vehicle. The offender must blow into the breathalyzer and register a BAC below the legal limit in order for the car to start. If they blow above the limit, the car will not start. During the drive, the offender must take the test again to ensure that they are not consuming alcohol while driving. If the offender blows over the legal limit at any time, the results of the BAC test will be delivered to their probation officer.
Ignition interlock is a great program for DUI offenders who need to be mobile. Some of the benefits include:
- Allowing the offender to continue with day-to-day activities such as driving to work, the grocery store, or to pick up children.
- It can be affordable, especially when compared to other penalties for DUI offenses such as jail time, or license revocation.
- It’s reliable and easy to install.
- The device is relatively small and will not affect a driver’s ability to see the road.
There are a variety of companies in Florida that specialize in Ignition Interlock installation, so you do have some options unless otherwise specified by the court order. Based on our experience, the device can cost anywhere between $60-$125/per month, plus there may be additional charges for installation or removal.
In Florida, state law allows a judge to order an ignition interlock device to be installed in the vehicle of any person found guilty of driving under the influence of alcohol. If the offending party registers a BAC of .14 or below, the judge will decide if an IID will be required, but most times they can be avoided. However, if a person blows a .15 or above, the court is required to order the installation of an ignition interlock device.
If the court decides that you must use an ignition interlock device, they will notify the Florida Department of Highway Safety and Motor Vehicles. The DHSMV will record the conditions of your sentencing, and they will be the ones receiving alcohol readings from your device in order to ensure that you are in compliance. Depending on the circumstances of your case, the DHSMV may inform your parole officer if the readings show that you are not following court orders.
How Long Will I Need to Use My Ignition Interlock Device?
The length of time that you will need to use an IID will depend on three main factors; your blood alcohol content, the number of previous convictions, and whether or not children were present at the time of arrest. Florida Ignition Interlock Device timelines are explained as follows:
- For first convictions where the driver blows a 0.15 or higher at the time of arrest, a mandatory IID will be ordered for six months. If the driver blows between .08 and .149 and a child is in the vehicle at the time of arrest, they will also receive a six-month order.
- For any person convicted of a second DUI with a BAC under 0.15, the Ignition Interlock device will be mandatory for a one-year period.
- Any person guilty of a second conviction for DUI with a BAC of 0.15 or higher will be ordered to use an Ignition Interlock Device for two years. Similar to the first offense penalty, a driver is subjected to a two-year IID order if a child is in the vehicle during the second offense.
- A third DUI conviction will result in a two-year IID order.
- Four or more DUI convictions will result in a five-year IID order.
If you or someone you know is facing the possibility of being ordered to install an Ignition Interlock Device, don’t hesitate to consult with a knowledgeable legal team.
Avery Appelman is a criminal defense attorney in Minneapolis, Minnesota and the founder of Appelman Law Firm. He specializes in DUI defense, as well as other drug and traffic crimes. He has decades of legal experience and holds a J.D. from Syracuse University. When he’s not working for his clients, Avery enjoys coaching youth hockey and soccer. You can learn more about Avery and Appelman Law Firm at www.aacriminallaw.com.
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