Ignition Interlock Devices in Florida DUI Cases

Learn when and why a vehicle breath test device may be needed in FL DUI Law

Under Florida's Ignition Interlock Program, certain DUI offenders will be required to install an ignition interlock device (IID) on their vehicle. Not every DUI conviction will result in a punishment that includes installation of an IID. Instead, only certain offenders with prior DUI offenses, those over a certain BAC level, and those who had a minor child in the vehicle with them at the time of arrest will be required to have an IID.

A first time DUI offender with a BAC level of 0.15 or higher and a first time offender who was driving with a minor in the vehicle at the time of the offense will be required to have an IID installed for up to 6 months.

All second offense DUI offenders are required to have an IID for at least 1 year. A second offense DUI offender will be required to have an IID for at least 2 years if the person's BAC was higher then 0.15 or if a minor was in the vehicle at the time of the offense.

All third time DUI offenders are required to have an IID installed on their vehicle for at least 2 years.

The ignition interlock device statute requires that an IID device be installed on all vehicles the DUI offender owns and operates on a regular basis. IID's MUST be installed for the requisite time period, or the DUI offender's driving privliges will not be reinstated.

DUI offenders who drive vehicles for employment purposes that are owned by the company they work for are permitted in some circumstances to drive without an IID device so long as a letter of permission is written and signed by the employer, and kept in the vehicle at all times to be shown to any law enforcement official upon request.

IID's are installed at designated ignition interlock service centers. The DUI offender is responsible to pay the cost of installation (about $70 + tax), as well as the monthly payments (about $67.50 + tax).

The IID will be installed on the vehicle and will remain there for the entire time it is required. Any person who wishes to operate the vehicle must use the device in order to start it. Random breath samples are required periodically while the car is in motion to prevent a sober friend from starting the vehicle. Failure to provide a sample or a sample over the requisite BAC level (.05) will result in the sounding of alarms. Three minutes will be allowed between sample and alarm - thus if it is unsafe to provide the sample while driving, the driver will be given enough time to safely manuevor off the roadway to blow into the device before the alarm will sound. The device will never immobilize the vehicle, so that accidents may be prevented.

IID's are designed to prevent any tampering. Attempts to tamper or circumvent the device will result in imposition of further penalties.

For more information on ignition interlock devices and how they may affect your case, contact an experienced attorney in your area.