Understanding the Interlock Ignition Device for DUI Offenses
One of the potential penalties for a DUI conviction is the requirement to install an interlock ignition device on your vehicle. Basically, the interlock ignition device is a breathalyzer that’s attached to your starter. In order to start your car, you must blow into the breathalyzer. Your car won’t start if the breathalyzer detects alcohol on your breath. In this article, the Tallahassee DUI defense attorneys at Luke Newman, P.A. will discuss the interlock ignition device, how it works, and when it’s required.
How does the interlock ignition device work?
The interlock ignition device is a small breathalyzer that connects to your vehicle’s ignition system. Before you’re allowed to start your car, you must blow into the device. If your blood alcohol content (BAC) is above the limit set on the device (usually .025), your car simply won’t start.
In addition to providing a breath sample before you start your car, you will also need to provide random breath samples while you are driving. This prevents another individual from providing a breath sample for you. This is known as a rolling retest. When you fail a rolling retest, the device will record the failure, demand that you pull over, and sound an alarm until you pull over. The alarm will continue to go off until you turn off the engine.
When does Florida require a driver to install the interlock ignition device?
Not every individual convicted of DUI will need to install an interlock ignition device on their vehicle. Under Florida Statute 316.193, the law requires ignition interlock devices in the following scenarios:
- Aggravated DUI first convictions – Strictly speaking, the court can order an ignition interlock device for any first conviction. However, it must require an interlock ignition device if you’re a first offender whose BAC was .15 or greater for at least six months.
- Second DUI convictions – If you are convicted of a second DUI within 5 years of a previous conviction, you will be required to install the device on your vehicle for at least a year. If there was a minor in the car when you were pulled over, or your BAC was .15 or greater, you must install the device for two years.
- Third DUI convictions – After a third DUI conviction, the court will require you install an interlock ignition device for at least two years.
- Fourth DUI convictions – The lookback period is 10 years for a fourth conviction. The court will, if they allow you to drive at all, require that you install an ignition interlock device for at least five years.
It’s important that you understand that the aforementioned time frames are all minimum requirements. A judge can order that you have the interlock ignition device on your vehicle for a longer time period based on the specifics of your case.
Talk to a Tallahassee, Florida DUI Defense Lawyer Today
Luke Newman, P.A., represents the interests of those facing DUI charges in Tallahassee. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
