Requiring Ignition Interlock Device After a First DUI

Beginning on January 1, 2009, the following five states enacted a law requiring an ignition interlock devise for vehicles owned by an individual convicted of a first DUI, even if that individual had no prior criminal record: Nebraska, Illinois, Alaska, Colorado, and Washington state.

New Mexico was the first state to enact such a law for first time DUI offenders in 2005. The ignition interlock device must be installed in the individual’s vehicle.  The driver of that vehicle must then blow into the machine to prove that he or she has not consumed alcohol prior to driving.

Is the Ignition Interlock Device Required for a First DUI in Florida?

Under Florida law, Section 316.193 allows the court the option of requiring an ignition interlock device to be installed on vehicles for any person convicted of even a first DUI, although the ignition interlock device is required under the following circumstances:

  1. At least six months if the DUI conviction resulted from a BAC reading over 0.15 or if a minor was in the vehicle;
  2. At least one year for a second DUI conviction;
  3. At least 2 years if the DUI conviction resulted from a BAC reading over 0.15 or if a minor was in the vehicle for a second DUI conviction;
  4. At least 2 years for a third DUI conviction.

The ignition interlock program affects any person convicted of DUI seeking reinstatement of their driving privilege on a permanent or restricted basis for work or business purposes under Florida Statute Section 322.271, F.S.

The Florida Department of Highway Safety and Motor Vehicle (DHSMV) has selected two ignition interlock vendors who began selling the ignition interlock devices in 2004.

To install the Florida interlock devices, the driver must pay the following expenses:

  1. $70 for installation;
  2. $67.50 for monthly calibration and monitoring;
  3. $5 monthly insurance charge or $100 refundable deposit .
If you have been arrested for DUI in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, or Pasco County, talk to an experienced Tampa DUI Attorney about ways to avoid a DUI conviction and the extraordinary expenses that result from a conviction.
Find out more about the Ignition Interlock in Tampa.

3 Comments

  1. tampa attorneys
    Posted September 24, 2009 at 13:31 | Permalink | Reply

    Do you have to continually blow into the interlock even while yo drive? or just to start the car?

  2. Julio
    Posted December 9, 2010 at 19:34 | Permalink | Reply

    Wouldn’t someone else be able to breathe on the device for you?….

    • Posted June 26, 2011 at 16:08 | Permalink | Reply

      Yes. But I guess the theory is that they have to blow not just to start the car, but at random intervals while the car is driving down the road. So why is a sober person going to sit in the passenger’s seat while the drunk person drives? I also think it is crime to blow into the ignition interlock device for someone else.

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