Ignition
Interlock Device for Breath Testing: Important Information
from DUI Attorney Charles Holloway, P.A. Serving Clearwater,
St Petersburg & Greater Tampa Bay
If you or someone you know has been charged
with DUI in Clearwater, St Petersburg, Tampa, or anywhere
else in the greater Tampa Bay, Florida area, you may be
familiar with a breathalyzer or breath alcohol analyzer
that can be attached to your car. This device is commonly
called an ignition interlock
device. Its purpose is to prevent the driver
from driving while intoxicated, and as your DUI
attorney may tell you, use of this device may result
from a DUI conviction.
Ignition interlock
devices are designed to test a person’s
breath for alcohol, before and/or during the operation
of a car, truck, or other motor vehicle. The device is
usually installed in the dashboard area of the vehicle
and is directly wired to the ignition. When the driver
blows into the device, it analyzes the breath-alcohol
level similar to the way a police intoxilyzer does. If
the driver’s breath alcohol is over the statutory limit
(.05%), the device will prevent the vehicle from starting.
There is more than one manufacturer and
model of interlock device. Some models conduct a “rolling
test” of the driver’s breath. This test occurs after the
vehicle has been started and requires the driver to blow
after a predetermined mileage or period of time has elapsed.
This type of test is designed to prevent the driver from
having another person blow into the machine to start the
vehicle, and also to prevent the driver from consuming
alcohol while operating the vehicle.
Interlock devices are essentially computers,
with the capability of recording the date, time, and breath-alcohol
level of each test. The devices are also able to download
and/or print the results for later review by various agencies,
including the DMV and probation. If a driver does not
blow or blows over the statutory limit as he tries to
start the vehicle, ignition will not occur. If a driver
does not blow or blows over the limit while driving, the
device will respond by honking the horn and/or flashing
the headlights until the ignition is turned off. The vehicle
will not be turned off and rendered inoperable while moving.
In any event, all results will be recorded by the device
for later review by authorities.
The companies that install interlock devices
are required to perform monthly maintenance and record
review. They are also required to report to the DMV:
(1)
A driver who tries to start a vehicle while over the
breath-alcohol limit
(2)
A driver who fails to take a test when required
(3)
A driver who tampers with or removes the device
(4)
A driver who fails to appear at the company for the
monthly review
The Law & the Interlock
An interlock device is required to be
installed under the following conditions:
(1)
1st DUI Conviction:
(a) if the driver’s breath alcohol at arrest was .20%
or higher
(b) if a passenger was under 18
(2)
2nd DUI Conviction (and more):
(a) all 2nd and subsequent DUI convictions (multiple
offenders)
The devices are required to be installed
for the following lengths of time:
(1)
1st DUI Conviction: up to 6 months
(2)
2nd DUI Conviction:
(a) for at least 12 months
(b) for at least 24 months if the breath-alcohol was
.20% or higher, or a passenger was under 18
(3)
3rd DUI Conviction Within 10 Years: not less than 24
months
(4)
3rd DUI Conviction Beyond 10 Years: not less than 24
months
Note: The device must be installed
on all vehicles in the driver’s name or in joint name
with another person, at the time they qualify for a permanent
or restricted license.
The installation of the interlock is generally
not required as a condition of probation. Instead, it
is a requirement of the DMV and must be satisfied in order
to obtain reinstatement of a restricted license, hardship
license, or full license. A driver could complete their
probation without having the device installed. However,
the driver would be unable to obtain a license until the
requirement was satisfied.
It is against the law to do the following
as regards the interlock device:
(1)
Tamper with the device
(2)
Have someone else blow into the device
(3)
Blow into the device for the driver
(4)
Lend a vehicle to a driver who has an interlock license
restriction
These violations by the driver can result
in the violation of their license restriction. They can
be arrested and their vehicle can be impounded. A conviction
may include probation, fines, and incarceration. In addition,
the DMV will likely revoke your ability to drive.
Costs & Installation
The driver is required to pay for the
installation and maintenance of the interlock device.
The cost of installation is approximately $70.00 for most
vehicle makes and models and the cost of monthly monitoring
is also approximately $70.00. However, if the Court finds
that the driver cannot afford these expenses, it can order
a reduction in the fines to allow the driver to pay for
the device.
Installation must be arranged by appointment.
Contact for an appointment for Pinellas & Hillsborough
Counties can be made by calling: (407) 207-3337.
Pinellas
Location:
Interlock Systems of Florida
Live Oaks Center
9225 Ulmerton Road
Suite Q
Largo
Hillsborough
Location:
Interlock Systems of Florida
56th Commerce Center
5434 56th Commerce Park Blvd.
Tampa
For more information about ignition interlock
devices and other matters relating to your
DUI case, contact DUI attorney Chuck Holloway, P.A. for
a free consultation. DUI attorney Holloway has offices
in Tampa, Clearwater, and St Petersburg to assist you.
Phone: (727) 446-8303
E-Mail: Holloway@PinellasDUI.com
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