As you consider the possible consequences of a DUI conviction, you may realize you don’t know how ignition interlock requirements will impact you. You may be wondering:
- How do these devices work?
- Who needs to install an ignition interlock?
- How long do you need to have an ignition interlock on your car?
- What is it like to have a DUI breathalyzer device in your car?
Understanding the ignition interlock device requirements is essential whether this is your first DUI offense or you have prior convictions. While intended to prevent impaired driving, these devices can significantly impact your daily routine and wallet. They require adjustments to your driving habits and come with ongoing costs that can add up quickly.
However, not everyone charged with drunk driving ends up with an ignition interlock. Learn what you need to know if you’re charged with drunk driving, and find out how an experienced Florida DUI defense lawyer can help you protect your rights.
How Ignition Interlocks Work
An ignition interlock device, sometimes called a car breathalyzer, is a small DUI breathalyzer device that connects to your vehicle's ignition system. Before starting your car, you must blow into the device. If your blood alcohol content (BAC) is above a preset limit, usually .025 in Florida, the car won't start.
While driving, you'll also be required to provide random breath samples, known as rolling retests. This prevents someone else from providing the initial sample for you. If you fail a rolling retest, the device will record the event, warn you to pull over, and trigger lights and alarms until you turn off the engine.
Ignition Interlock Requirements: Who Needs an Ignition Interlock Device in Florida
Not every DUI offender in Florida needs an ignition interlock device. According to Florida Statute 316.193, there are ignition interlock requirements for:
- Some first DUI convictions. The court may order an ignition interlock device for your first DUI conviction, regardless of your BAC. However, first-time offenders with a BAC of .15 or more must install an ignition interlock device on their vehicle for at least six months.
- Second DUI convictions. After a second DUI conviction, an ignition interlock device will be required for at least one year. If your BAC was 0.15 or higher or you had a minor in the car, the ignition interlock requirement increases to two years.
- Third DUI convictions. After a third DUI conviction, the court will order that you install an ignition interlock device for at least two years.
- Fourth or subsequent convictions. If you are eligible for a hardship license, the court will require you to have an ignition interlock device for at least five years.
It's crucial to note that these are minimum ignition interlock requirements. A judge has the discretion to order a longer ignition interlock period based on the specifics of your case.
The Costs of an Ignition Interlock Device
The costs of an ignition interlock device extend beyond the initial installation fee, which averages around $70 to $150. You'll also be responsible for:
- Monthly monitoring and calibration fees
- Removal fees
- Repair or replacement costs
These costs are in addition to other DUI penalties, such as fines, court costs, increased insurance premiums, and license reinstatement fees. An experienced DUI defense attorney like Robert Malove can help you understand the full financial impact of a DUI conviction.
Life with an Ignition Interlock Device
Living with an ignition interlock device requires some adjustments. You'll need to:
- Plan for it to take longer to leave your destination. You must blow into the device and wait for it to analyze your breath before starting your car, which can take a few minutes.
- Pullover for rolling retests. When the device signals for a rolling retest, you have a few minutes to provide a breath sample. You'll need to find a safe place to pull over to take the retest.
- Avoid certain products. Mouthwash, medications, and certain foods can trigger a false positive. It is crucial to avoid these products and rinse your mouth with water before providing a sample.
- Schedule regular maintenance. You must bring your vehicle in for device calibration every 30 to 60 days.
While these adjustments can be inconvenient, they're a necessary part of the ignition interlock program.