You may have to install an ignition interlock device after a DUI, depending on the severity of the offense and whether you have prior offenses.
We may be able to help you avoid having to install ignition interlock device (IID) and having to blow into it each time you drive. This may be possible by avoiding the conviction altogether, or by bargaining for a sentence that does not include the use of these in-car breath test machines.
Florida Driving Under the Influence Laws and IIDs
Florida Statute § 316.193 outlines when ignition interlock devices are a mandatory part of sentencing after a drunk driving conviction.
Florida DUI laws make it illegal to drive with a BAC of .08 percent or more. If you do, you could be subject to a DUI charge. Whether your conviction comes with the requirement to install at IID depends on your offense, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). However, any time after your first conviction, you should expect to need to install an IID once your license suspension is over.
How long the court requires you to have an IID depends on your individual situation. For example:
- On your first conviction with a BAC below 0.15 percent, you will need an IID only if court ordered.
- If your BAC is 0.15 percent or more for your first conviction, you will need to use an IID for at least six months.
- For a second conviction with a BAC below 0.15 percent, the law requires at least one year with an IID.
- A second conviction when your BAC is at 0.15 percent or above requires a minimum of two years of IID use.
- A third DUI conviction also requires at least two years of IID use after reinstating your driving privileges.
- Any subsequent convictions could lead to permanent license revocation, but to be eligible for a hardship license, you would need to install an IID for at least five years.
Can I Drink at all with an IID?
Per FLHSMV, an IID will not allow you to operate your vehicle if you have a BAC over 0.025.
In some cases, a judge might require your “BAC threshold” to be lower.
Note: Do not use mouthwash before blowing into an IID. The alcohol in this oral hygiene product can trigger an IID lockout.
I Heard That IIDs Make You Test While Driving. Is That True?
Yes. In some cases, your IID will require you to take a “rolling retest.”
A few minutes after you pass the initial startup test, your IID will let you know you need to take another test (i.e., the rolling retest). You can either pull over to take the test or do so while driving.
How Do I Get an IID Installed?
Not just anyone can install an IID. Per the FLHSMV site, you must use one of the five service providers that meet all necessary IID provider requirements. These service providers are:
- ALCOLOCK: 866-837-8646
- Guardian Interlock: 800-499-0994
- Smart Start: 800-880-3394
- Intoxalock: 877-777-5020
- Florida Interlock Inc./Draeger: 813-513-0000
You must pay all associated fees and/or costs of installation.
Talk to a Florida DUI Defense Attorney About Your Situation
Using an IID is expensive, embarrassing, and a hassle. It can also cause serious issues if you need to drive a company vehicle or have other similar obligations.
At Goldman Wetzel, we understand why you would not want to install an IID on your car and may be able to help you avoid it. We can negotiate with the state to attempt to have them stipulate that you blew below 0.15, thereby avoiding the IID.
Call us today at 727-828-3900 to learn more about how our DUI defense attorneys can help you.