Criminal Defense LawyerLakeland, Tampa, FL

Florida's Ignition Interlock Device Requirements

Cognac, handcuffs, and a car key on a dark background.

IID installation can be a consequence of DUI.

A DUI charge in Florida can have serious consequences. These typically range from six months in jail and fines to up to five years in prison and permanent loss of driving privileges. However, not all people convicted of DUI in Florida lose their driving privileges. Some qualify for a restricted license with the condition that they install an ignition interlock device.

Before the vehicle can be started, a driver must breathe into the device. If the device detects alcohol on the driver's breath, it prevents the engine from starting. This ensures that the vehicle can only be operated if the driver hasn't consumed alcohol. The device also requires periodic retests while the vehicle is in operation, known as "rolling retests."

The ignition interlock records each breath sample. Any attempts to tamper with the device, and any failed or missed tests, will send information which can be downloaded by authorized personnel.

Florida ignition interlock device requirements

Florida Statutes, Section 316.193, requires that ignition interlock devices be installed in the vehicles of anyone convicted of DUI who is eligible for their permanent or restricted driver's license to be reinstated. Additionally, drivers convicted of DUI who apply for a restricted license for work or business reasons, as outlined in section 322.271, must also have an ignition interlock device installed.

Eligible individuals will receive a driver's license marked with a "P" restriction. The mandatory period for having this device starts from the day the "P" restriction is applied to a driver's license.

Drivers mandated to install an ignition interlock device should contact a certified provider for installation. These providers comply with the standards set in 15A-9.007, F.A.C., the National Highway Traffic Safety Administration, and section 316.1938 of Florida Statutes.

Installing an ignition interlock device

One challenge that many people convicted of DUI in Florida face is the cost of installing and maintaining ignition interlock devices. To help eligible individuals meet legal driving requirements and become compliant, the Florida Department of Highway Safety and Motor Vehicles and seven ignition interlock providers throughout Florida offer discounts on devices. Each vendor has set their own eligibility criteria, discounts, and conditions.

For more information on these discounts, Floridians are encouraged to directly contact the vendors at the phone numbers listed below.

If the court finds an individual financially incapable of affording the cost of an ignition interlock device installation, it may allocate a portion of their fine for violating section 316.193 of the Florida Statutes to cover these installation expenses.

Requirements based on DUI convictions

Under section 316.193, ignition interlocks must be installed in the vehicles of anyone convicted of DUI, as outlined below:

  • First DUI conviction: IID installation may be ordered by the court.
  • First conviction with BAC of 0.15 or higher, or with a minor in the vehicle: Required for at least 6 months.
  • Second DUI conviction: Required for at least 1 year.
  • Second conviction with BAC of 0.15 or higher, or with a minor in the vehicle: Required for at least 2 years.
  • Third DUI conviction: Required for at least 2 years.
  • Four or more convictions (as part of Hardship License conditions): Required for at least 5 years.

Charged with DUI in Polk County? Get Grajek

The consequences of a DUI charge in Florida go far beyond the immediate legal implications. A DUI charge might lead to the installation of an ignition interlock device on your vehicle, but it can also affect your ability to earn a living, find housing, and much more. If you're facing a DUI charge, it's important to begin fighting it from the beginning. Contact an experienced Polk County DUI defense attorney as soon as possible.

Attorney Thomas C. Grajek can devise a strong legal defense strategy that aims to get your charge dropped or reduced. With over 25 years of experience, he can investigate your arrest and the procedures used by the officer to determine if there are any holes in their case against you. To learn more, contact attorney Grajek today and schedule a free consultation. You can also call attorney Grajek's offices in Lakeland, Lutz, or Tampa.

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