Ignition Interlock Device in Florida
After a DUI conviction, you might be required to install an ignition interlock device. The imposition of that condition can be required or discretionary depending on the statutory requirements for that type of DUI charge.
The requirement for the ignition interlock device can be imposed as a condition of probation or as a condition of the Florida DHSMV before you can obtain a hardship license or reinstate your driver’s license.
Even if the court failed to order placement of an ignition interlock device for the mandatory time period required under Sections 316.193 or 316.1937., the DHSMV is authorized to order the installation of the ignition interlock device on any vehicle owned, leased or routinely operated by defendant.
Visit the links below for more information on the ignition interlock device for Tampa in Hillsborough County, New Port Richey or Dade City in Pasco County, St. Petersburg or Clearwater in Pinellas County, and Bartow in Polk County, FL.
Contact an experienced DUI defense attorney at the Sammis Law Firm to discuss this or other penalties after a DUI conviction.
How does the Ignition Interlock Device Work?
The ignition interlock device in Florida uses fuel cell technology which allows the vehicle to start only after the driver blows into the device to ensure that his breath sample registers a breath alcohol reading below 0.05.
The equipment then requires the driver to take the test again at random intervals while the car is driving down the road.
The data obtained from the device is sent through an internet based reporting program which can be viewed at any time by the driver’s probation officer. Any positive reading can potentially be used by the probation officer to violate the driver’s probation if the probationer is forbidden from consuming alcohol.
How Long Must the Ignition Interlock Device be Installed?
When is the ignition interlock device must be installed under the following conditions:
- First DUI Offense – under .15
- Optional at least 6 continuous months § 316.1937(1)
- First DUI Offense – over .15 or passenger under 18 years of age
- Not less than 6 continuous months § 316.193(4)(c)
- Second DUI conviction – under .15
- At least 1 year § 316.193(2)(a)3
- Second DUI conviction – over .15 or passenger under 18 years of age
- Not less than 2 continuous years § 316.193(4)(c)
- Third DUI conviction within 10 years of a prior conviction
- Not less than 2 years § 316.193(2)(b)1
- Third DUI conviction outside of 10 years of any prior conviction
- For at least 2 years § 316.193(2)(b)2
Certain men and women convicted of DUI are required to install an ignition interlock device before restoring the privilege to drive in Florida under Florida Statute Section 316.193.
Under Florida Statute Section 322.271, the installation of the ignition interlock device is required before the driver can obtain a “business purpose only” or “work purpose only” restricted driver’s license.
Additionally, the installation of the ignition interlock device may be required before reinstatement of the Florida driver’s license. When the driver becomes eligible for the program, the driver’s license is issued a “P” restriction.
If the interlock device is required as part of your DUI conviction, then the court will report that requirement to the DHSMV.
The Employment Vehicle Exception to the Ignition Interlock Device
Under § 316.1937(7), if the court limits a person convicted of DUI to driving only vehicles “equipped with a functioning ignition interlock device,” employer owned vehicles used by the convicted offender in the course of employment are excluded.
How Much Does it Cost to Install the Ignition Interlock Device?
The costs required for the Ignition Interlock Device are subject to change, but were reported to include a $100 refundable deposit or a $5 charge each month, $70 for installation, and $67.50 per month for calibration and monitoring.
One important consideration after a DUI arrest throughout the Tampa Bay area is avoiding any requirement for installation of the dreaded ignition internet device.
The court is authorized to determine the person’s ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. § 316.1937(2)(d).
What if the Court Does Not Order Installation of an Interlock Device in Florida?
Florida law was modified to expressly authorize the DHSMV to order the installation of the ignition interlock device or modification of the court order where the court fails to order placement for the mandatory time period under F.S. Sections 316.193 or 316.1937. See F.S. 322.2715(4).
Florida Ignition Interlock Device Contact Links
Interlock Systems of Florida
(Alcohol Countermeasure Systems Corp.)
Vendor for South Florida Counties
Toll Free: 1-866-837-8646
Interlock Group of Florida
(LifeSafer Interlock, Inc.)
Vendor for North Florida Counties
This article was last updated on Wednesday, November 21, 2018.