December 07, 2013 /24-7PressRelease/
-- Florida drivers, like their counterparts in many other states, may find themselves facing the possibility of installing ignition interlock devices in their vehicles if convicted of a DUI. Understanding this particular consequence to a conviction and when it may come into play is important for anyone that has been arrested for drunk driving
When is an ignition interlock device ordered?
In Florida, any driver who has been convicted of driving under the influence may be subject to the use of an ignition interlock device
for some time. The nature of the circumstances surrounding the arrest and how many prior DUI convictions a person may have on record will all affect the court's decision on this issue.
In general, the parameters for the use of an IID in Florida are:
- First DUI conviction:
Installation is at the discretion of the court unless the driver's BAC was over 0.15 percent or a minor was in the car at the time of the arrest in which case the IID is ordered for six months.
- Second DUI conviction:
An IID is required for one year unless the driver's BAC was over 0.15 percent or a minor was in the car at the time of the arrest in which case the IID is ordered for two years.
- Third DUI conviction:
An ignition interlock device is required for a period of two years.
- Four or more DUI convictions
: A driver will be required to utilize an IID for five years following a five-year driving suspension.
Anyone ordered to have an ignition interlock device installed must do so prior to having their license reinstated.
How does the testing process work?
When a driver gets into a car, he or she turns the ignition on and breathes into a handheld device similar in size to a cell phone. The device is connected via a microchip to the ignition. If the blood alcohol content is noted to be above 0.05, the ignition is temporarily locked until a subsequent test is allowed and passed.
If the BAC is below 0.05, the vehicle is allowed to be started and driven. Once on the road, a retest is required within 15 minutes of the initial test and further rolling retests occur at random intervals until the journey is completed.
If a driver does not pass a rolling retest, the car signals to the driver that he or she must stop the vehicle. If the vehicle is continued to be driven, the horn may sound and the headlights may flash until the ignition is turned off or until a follow up test is passed.
The fine details
The laws governing DUI arrests and consequences can be complex and the best way to navigate such a charge is to work with a licensed and experienced attorney.
Visit us at miamiduilaw.net/