Information on How the Ignition Interlock Device Program Works in the Sunshine State of FL
Orlando, Miami, Tampa, Fort Lauderdale, Jacksonville, Naples, West Palm Beach, and all other cities in the state of Florida follow the same Ignition Interlock laws as they relate to drinking and driving and DUI charges. Any Florida driver today who is found to be operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be subject to a criminal DUI offense charge. Additionally, a person charged with DUI is now required to get an ignition interlock device installed to legally drive again upon a court conviction of the DUI offense.
More often than not, these individuals are charged with Driving Under the Influence (DUI), and should they be convicted they face a number of different punishments. Some of the most common punishment consequences to expect is jail time, monetary fines and penalties, and will be required to have to get an Ignition Interlock Device (IID) installed on any car a DUI offender drives – even for a first DUI offense in FL.
Additionally, the state of Florida enforces DUI laws for minors with a BAC of 0.02 percent and commercial drivers with a BAC of 0.05 percent. Due to the strict new laws and penalties in place even for a 1st time DUI offense, any driver who is charged needs to know explore every option available for possible ways of how to avoid an Ignition Interlock requirement in FL, as well as defense strategies than can fight to beat and dismiss a Florida DUI case effectively.
What Are the Ignition Interlock Requirements and Penalties for Driving Under the Influence in Florida?
As outlined above, the state of Florida enforces a number of different punishments for individuals who are charged and then convicted of DUI charges โ this is a means to discourage repeat drinking and driving behavior. First time DUI offenders face the following penalties in FL:
- Six to Nine Months in Jail
- Paying DUI Fines Between $500 and $2,000
- A Driver’s License Suspension Length of Time of 180 Days to One Year
- Having to Install and Use an Ignition Interlock device, Which Will Include Any Company Car or Vehicle Driven for Work
Second DUI, or repeat offenders in FL will face the same types of punishments and Ignition Interlock requirement but with higher degrees of severity โ again, this is a means to discourage drinking and driving behavior. Second time DUI offenders in the state of Florida, or those with a previous DUI conviction in the last five years, face:
- Nine Months to One Year in Jail
- Paying DUI Fines That Will Cost Between $1,000 and $4,000
- Having a Driver’s License Get Suspended For up to Five Years
- A FL Driver Will Have to Get an Ignition Interlock Installed On Any Car They Drive For Several Years After a DUI
Third time DUI offenders in the state of Florida face Ignition Interlock and DUI penalties including:
- Up to One Year in Jail
- Paying Fines Between $2,000 and $5,000
- Having a FL Driver’s License Suspension Time of 10 Years
- Having to Pay for the Costs to Install an Ignition Interlock on Any Car Driven For Several Years Afterwards
Does Florida Enforce an Implied Consent Law?
In addition to the FL laws governing DUI arrests and related driving under the influence charges, the state of Florida also enforces an “implied consent law.” Like other states that enforce this law, Florida implied consent states that those who are issued a driverโs license in the state automatically consent to chemical testing to determine their BAC, and this testing can include a breath, urine, or blood test.
Should individuals refuse to have this testing done, they are subject to a fine, an automatic drivers license suspension, and the requirement of having to get an Ignition Interlock device installed – along with paying for all of it’s costs.
First time DUI offenders who refuse testing have their license suspended for a period of one year โ second and third time offenders have their license suspended for a period of time that averages 18 months. This is an automatic driver’s license suspension and is handled separately from their conviction suspension.
What is a Ignition Interlock Device and How Does it Work For a DUI in FL?
Per the penalties listed above, convicted DUI offenders in Florida may be ordered to get an Ignition Interlock device and pay for it’s cost for a period of time as part of a DUI offense conviction. In simple terms, an Ignition Interlock device (IID), or a car Breath Alcohol Ignition Interlock Device (BAIID), is a device used by offenders to stop the use of a motor vehicle should their BAC be above the predetermined percentage set for the device.
How the Ignition Interlock works, is the device links to the vehicleโs ignition systems and integrates breath detection technology. When a FL DUI offender is preparing to drive, they must blow into the interlock device (usually mounted on the dashboard) in order for it to read their BAC. Should their breath alcohol content limit be below the predetermined threshold โ usually set at 0.05 percent โ they are able to start the vehicle normally and operate it as needed. However, should their BAC be above the predetermined threshold, the vehicle does not start.
What happens if someone fails a breath test with the Ignition Interlock or tampers with it, a report is also generated and sent to the individualโs probation officer or presiding judge, which will likely result in further consequences or punishment.
When is Using an Ignition Interlock Device Required in the State of Florida?
Under certain circumstances in Florida state law, it may be required for DUI offenders to install and use an IID. Under Section 316.193, Florida law requires a driver to have to get an Ignition Interlock installed to be used in the following situations:
– First Time DUI Offense โ An Ignition Interlock is to be installed when court ordered
– 1st Time DUI Offense with BAC of 0.15 or Above or Minor Present โ A car Breathalyzer Interlock is to be installed for minimum of 6 months
– Second Time Offense โ A DUI interlock device is to be used for a period of a minimum one year
– 2nd Time DUI Offense with BAC of 0.15 or Above or Minor Present โ The Ignition Interlock will get installed for a minimum of two years
– Third Time DUI Offender โ An IID car Breathalyzer is to be used for a minimum of 2 years or longer
– Four Time or More DUI Offense on Condition of Hardship License โ The Ignition Interlock deice must be installed for a minimum of 5 years
On the DUI offenderโs reinstated FL driverโs license, the “P” restriction is present. This indicates to law enforcement officials that the individual is required to have an Ignition Interlock installed and used on any car the person is driving.
Who is Responsible for Paying for How Much an Ignition Interlock Device Will Cost?
Under Florida state law, all DUI convictions are reported to the Florida Department of Highways electronically. This electronic document informs the DOH what the court has ordered, including the offenderโs driverโs license suspension term, when he or she can become eligible for license reinstatement, and if the use of an Ignition Interlock device is required. The cost and fees of installing and maintaining an Ignition Interlock in Florida is paid for by the DUI offender and includes:
- Interlock Device Fee: $12
- Installation Fee: $75
- Monthly Calibration/Monitoring Fees: $72.50
- Refundable Deposit: $100 OR
- Monthly Insurance Change: $5
What is the Process of Having to Get an Ignition Interlock Device in Florida?
When a person gets convicted or enters a guilty plea to a DUI charge offense in Florida, and is ordered to use or become eligible to get an Ignition Interlock device installed in order to legally drive in the state, they will need to go through the process of having to get and install the IID car Breathalyzer. A driver will need to get the interlock device from a state approved IID provider and also have the device installed by a professional. Once the DUI interlock device has been obtained and installed, offenders need to report back to the Florida Department of Highways and/or the court to show proof of installation. Generally, they need to provide the lease agreement from the approved provider as well as a receipt of installation. In some cases, offenders may also have to provide their Vehicle Identification Number (VIN) to the DOH.
We understand how serious the problem is for people having to deal with the sudden unexpected cost of both DUI and Ignition Interlock penalties are, and certainly understand why the most common first two questions drivers arrested for a DUI charge in FL have is โwill I have to get an Ignition Interlock device on my car to be allowed to keep driving?โ and “Will my driver’s license get suspended for a first DUI offense?”
To help prevent either of the two license suspension and interlock consequences for a DUI from happening, once a Florida Ignition Interlock lawyer reviews a personโs own arrest details online with us, they can then be able let a person know of any possible ways and solutions of how to avoid the cost of having to get and install an Ignition Interlock device in:
Alachua County
Baker County
Bay County
Bradford County
Brevard County
Broward County
Calhoun County
Charlotte County
Citrus County
Clay County
Collier County
Columbia County
DeSoto County
Dixie County
Duval County
Escambia County
Flagler County
Franklin County
Gadsden County
Gilchrist County
Glades County
Gulf County
Hamilton County
Hardee County
Hendry County
Hernando County
Highlands County
Hillsborough County
Holmes County
Indian River County
Jackson County
Jefferson County
Lafayette County
Lake County
Lee County
Leon County
Levy County
Liberty County
Madison County
Manatee County
Marion County
Martin County
Miami Dade County
Monroe County
Nassau County
Okaloosa County
Okeechobee County
Orange County
Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St Johns County
St Lucie County
Sumter County
Suwannee County
Taylor County
Union County
Volusia County
Wakulla County
Walton County
Washington County
Alachua
Alford
Altamonte Springs
Altha
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Andover
Andrews
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