Ignition Interlock Devices
Under Florida Statute 316.193 also known as the DUI law in Florida if you are convicted of DUI you are required to install an ignition interlock device in your car or truck. Typically, ignition interlock devices are installed if you provide over a .15 breath test result or if you are convicted of a second or third DUI offense. If it is your first DUI conviction, the prosecutor has discretion and can waive the interlock requirement if he or she stipulates to below a .15 conviction. The interlock device is typically installed for at least 6 months for a first DUI conviction or at least 1 year for subsequent DUI convictions.
As a Sarasota DUI Attorney at Pallegar Law, P.A. we are often asked what is an ignition interlock Device?
An ignition interlock device is a breath test machine that is placed in your vehicle that requires you to blow into it in order to start the car. If the device detects a BRAC at or above a certain level you will be unable to start the car. Many interlock devices have “rolling retest” that requires you to provide another breath sample at some point after the car has been started usually at 15 or 30 minute intervals. This prevents a person from starting the car and leaving it running while they leave and have a drink.
As Sarasota DUI lawyers we always try to avoid the installation of the ignition interlock device in our clients vehicles for primarily three reasons. The first reason goes without saying. It is highly embarrassing and inconvenient. It is visible not discretely placed so all passengers will see the device and will be able to observe you blowing into it.
Second, it is very expensive. The installation fee for the ignition interlock device in Sarasota and Manatee is around $100.00. And the monthly fees range between $75 and $90 per month. It is also another avenue the prosecutor can use to violate your probation. The State of Florida pursuant to Chapter 322.2715 collects $12 from each installer of the device. If you are indigent and cannot afford the interlock device fees the court may waive some or all of the costs.
Also, the interlock device is installed by the DMV in accordance with the law based on the type of conviction so the prosecutor in most cases cannot negotiate it away. The prosecutor, however, does have the power to reduce the case thereby changing the conviction to avoid the requirement of the interlock device.
Florida Statute 322.2715 discusses the requirements necessary for the DMV to order the installation of the interlock device.
Contact an experienced DUI lawyer if you are arrested for DUI in Tampa, Sarasota or Bradenton by calling Pallegar Law, P.A. at (813) 444.3912 or (941) 893.5816 today for more information on the ignition interlock device and for a free consultation to discuss defenses to your DUI case. We will answer any questions you have and provide you with a thorough case analysis at no charge.