Ignition Interlock Device
Florida Statute Section 316.193 requires ignition interlock devices to be installed on all vehicles owned and operated routinely by persons convicted of certain types of DUI offenses in Florida before the driver’s license can be reinstated.
Since the ignition interlock program began in 2004, more than 21,000 Florida drivers have been required to install the IID. In the criminal courts in Tampa, the judge in Hillsborough County might make the ignition interlock device a condition of the DUI sentence, and the clerk’s office must report that requirement to the DHSMV electronically. Even if the court does NOT order the installation of the IID, the DHSMV might require it because of the number of a DUI conviction on the driving record.
The ignition interlock device is one of the enhanced sanctions that can be used in Hillsborough County’s DUI diversion program called RIDR. In these cases, the person voluntarily installs the IID on a voluntary basis for 3 months for a BAC under .15 or for 6 months for a BAC over .15 or a refusal. In exchange for that enhanced santion in the RIDR program, the State Attorney’s Office will agree to reduce the DUI to reckless driving with a withhold of adjudication.
Attorneys for the Ignition Interlock Devise in Tampa, FL
The attorneys at Sammis Law Firm focus on DUI cases. Contact us to find out more about the ignition interlock device. This article discusses when the ignition interlock device is required.
If you have been convicted of DUI in Tampa, Hillsborough County, FL, one of the most expensive and inconvenient requirements is the Ignition Interlock Device. An ignition interlock device prevents the start of a vehicle with a breath sample above .025, collects data, and records and stores visual evidence of device use.
Penalties for Circumventing the IID
You can be charged with a crime if you attempt to circumvent the ignition interlock device (IID). In fact, Section 316.1937, F.S., prohibits the following:
- tampering with or circumventing the operation of an IID;
- requesting or soliciting another person to blow into the IID for the purpose of starting or operating the motor vehicle;
- blowing into an IID for the purpose of starting or operating the motor vehicle for another; and
- knowingly leasing or lending a motor vehicle to a person who has been required to have an IID installed on his or her motor vehicle.
A violation of the prohibited acts listed in Section 316.1937 comes with a one-year driver license suspension under Section 316.1937(5)(a), F.S. A second or subsequent violation during the same period of IID installation carries a five-year license suspension.
If a person accused of the crime is not a licensed driver, he or she will be subject to a fine between $250 and $500 for each violation as provided in Section 316.1937(5)(b), F.S.
Who is Required to Install the Ignition Interlock Device?
Pursuant to Florida Statute Section 316.193, the ignition interlock device must be installed on any vehicle or vehicles owned by individuals convicted of DUI under the following circumstances:
- First DUI Conviction in Florida – the ignition interlock device is required only if ordered by the court;
- First DUI Conviction for BAC of .15 or over in Florida – the ignition interlock device is required for a period of at least six (6) months;
- First DUI with a Minor in Vehicle under Florida Law – the ignition interlock device is required for a period of at least six (6) months;
- Second DUI under Florida – the ignition interlock device is required for a period of at least twelve (12) months;
- Second DUI for BAC of .15 or over – the court must require the ignition interlock device for a period of at least twenty-four (24) months; and
- Third DUI Conviction under Florida law – the ignition interlock device is required for a period of at least twenty-four (24) months.
ACS Corp. – Interlock Systems of Florida
For drivers in Tampa, Hillsborough County, and the southern half of the State of Florida, who require the installation of the ignition interlock device, they must use one of the following companies which are the authorized service center sites. You must comply with the installation of the ignition interlock device prior to your driver’s license being reinstated, but your time does not start running until you get your driver’s license reinstated.
If you believe the ignition interlock device requirement has been required by the DHSMV in error you can pursue a writ of certiorari, which is an appeal that must be filed in circuit court. Unless the driver meets the timeline required, the driver’s license will be canceled.
Ignition Interlock Device Installation Information
|Alcolock/Interlock Systems of Florida (Alcohol Countermeasure Systems Corp.)
How the Alcohol Interlock Machine Works
Once the ignition interlock machine is installed in the vehicle, the driver must blow in the machine to provide a breath sample before starting the vehicle. Each time the breath sample is given, the machine stores the results of the test and whether any attempt was made to bypass the device.
The ignition interlock device uses fuel cell technology to disable the vehicle if the driver’s breath sample measures a blood alcohol level over .05, although the court can order a lower threshold.If the driver blows over .05 then the vehicle will not start, and the driver will be locked out of restarting the vehicle for four (4) hours.
The ignition interlock device is designed to require a random serious of retesting while the court is moving to ensure that the driver did not use another person’s breath to start the vehicle and to ensure that the driver does not consume alcohol while driving.
The initial retest is required within five (5) minutes after the vehicle is started, with additional random retesting after an additional 15 to 30 minutes. After the random retesting alarm, the driver will have up to three (3) minutes to provide the next breath sample before an alarm sounds. Theoretically, this gives the driver time to pull over the vehicle if the driver does not want to attempt the retesting while the vehicle is moving.
Any action deemed by the company to constitute an attempt to bypass the machine require the driver to report to the interlock center to meet with an evaluator for a monitoring session. A second violation requires the driver to meet at least monthly with the evaluator to discuss any continued attempts at drunk driving. Once a violation or high blow is registered, the interlock device will require the driver to bring the vehicle
Once a violation or high blow is registered, the interlock device will require the driver to bring the vehicle into the service center. If the driver does not bring the vehicle into the service center during the five days, then the will not start after the five day period.
The data from each test is stored on a central computer server which can be assessed by law enforcement authorities 24 hours a day 7 days a week. The results of the testing can also be used at a violation of probation hearing in Florida to attempt to prove that the person on DUI probation violated the terms of the probation by consuming alcohol.
The company that maintains and monitors the ignition interlock device is funded solely by the fees it charges to the driver’s required to install the machine.
Costs of the Ignition Interlock Device to Florida Drivers
The ignition interlock device is expensive. The driver responsible for installing the device is solely responsible for the cost. The costs for the ignition interlock device (not including sales tax) include the following:
- $5 a month for an insurance charge or a one time deposit of $100 which is refundable when the equipment is returned;
- $70 for installation of the ignition interlock device;
- $12 fee;
- $67.50 a month for calibration and monitoring; and
- $100 refundable deposit or a $5 monthly insurance charge.
Under 316.1937(2)(d), if an individual is deemed to be indigent at the time of sentencing, the court can order that a portion of the fine paid by the individual convicted of DUI be applied to the costs requires for the ignition interlock device to help reduce the total amount paid by the person convicted.
Other Ignition Interlock Device (IID) Fees
$25.00 – IID First Violation Appointment Fee
$25.00 – IID First Violation Missed Appointment Fee
$55.00 – IID Second Violation Case Management Appointment Fee.
$55.00 – IID Second Violation Missed Case Management Appointment Fee
$25.00 – Monthly Fee for IID monitoring associated with a second violation.
$25.00 – IID missed monthly monitoring appointment
$55.00 – IID Third Violation Appointment Fee.
$55.00 – IID Third Violation Missed Appointment Fee
$25.00 – Monthly Fee for IID monitoring associated with a third violation
$25.00 – IID missed monthly monitoring appointment
$25.00 – Fee to Transfer
$15.00 – Fee that applies to third-time violators to transfer referral to a different agency for treatment from the agency originally selected by the client.Processing referral to another treatment agency from the one originally selected by the client.
$5.00 – DRI Fee (only if DRI is more than six months old).
$10.00 – Added charge for SSS clients required to have IID as part of their DL requirement.
Requirements for the Ignition Interlock Device (IID) in Florida
Section 316.193, Florida Statutes requires IID’s to be installed on the vehicles of persons convicted of DUI with the following requirements:
If court ordered
1st Conviction if BAC is ≥ 0.15, or minor in car
Mandatory for at least 6 continuous months
Mandatory for at least 1 year
2nd Conviction if BAC is ≥ 0.15, or minor in car
Mandatory for at least 2 continuous years
Mandatory for at least 2 years
Studies on How the IID Impacts DUI Recidivism Rates
A study conducted by the Florida Legislature’s Office of Program Policy Analysis & Government Accountability researched how ignition interlock devices impacted DUI recidivism rates.
Recent studies show that ignition interlock devices, while installed, are more effective at reducing re-arrest rates for alcohol-impaired driving when compared to other sanctions, such as license suspensions.
In fact, one recent study found the six-month recidivism rate for first-time DUI offenders who were not required to install an ignition interlock device was 1.74 percent. During that same time period, the recidivism rate for first-time offenders required to use the ignition interlock device was less than 0.34 percent.
The study also found that only 49 percent of Florida DUI offenders actually installed an ignition interlock device, as required, after completing their period of license revocation.
The “P” Restriction on a Florida Driver’s License
The ignition interlock device is required in certain cases when the driver applies for reinstatement of a restricted or permanent driver license, or when the driver convicted of DUI petitions for a hardship driver license for “employment purposes” or for “business purposes only” under Florida Statute 322.271.
The official time period required for the ignition interlock device begins once the DHSMV issues the “P” restriction on the driver’s Florida Driver’s License, which indicates the requirement of having the interlock device.
Driving an Employer’s Vehicle with a “P” Restriction
A person with a valid driver’s license that has a “P” restriction may operate an employer’s vehicle for work-related purposes without installing the device if the employers provide written permission giving the employee permission to drive the vehicle. The driver must provide the letter to any law enforcement officer if stopped for a traffic violation.
Ignition Interlock Common Questions and Answers – Find questions and answers about the ignition interlock device and common myths and misunderstandings.
Ignition Interlock Device in Hillsborough County – Visit the website for DUI Counterattack to learn more about ignition interlock devices in Tampa and Hillsborough County, FL. Find a list of companies that are authorized to provide the IID in Hillsborough County, FL.
Ignition Interlock Devices (IID) Explained by Florida DUI Lawyers
If you have been charged with DUI you should begin to educate yourself about the hidden costs associated with a DUI conviction, including the costs associated with the ignition interlock device. Contact the attorneys at the Sammis Law Firm to discuss the particular facts of your case.
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