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§ 316.193 Florida DUI Penalty
Certain individuals who are arrested for driving under the influence of alcohol will have to comply with the ignition interlock program per the Florida Statutes. The ignition interlock device (IID) works like a breath testing machine. It is installed on the driver’s side of a vehicle and is connected to the vehicle’s ignition. In order to start the vehicle, the driver will have to blow into the machine. If the machine indicates that the driver has a blood alcohol concentration, then the machine will prevent the ignition from working to start the engine.
This machine is tamper-proof and does not accept breath samples from alternative methods (such as compressed air). The machine will also turn on at random while the vehicle is in operation and ask for a breath sample. This is to prevent a sober person from blowing into the machine in lieu of the actual driver. If the IID registers a blood alcohol content then the machine will sound an alarm indicating the driver’s need to pull over. The IID is considered a penalty for a Florida DUI but can also serve to reduce the waiting time for a hardship license. If you were arrested for drunk driving, talk with a Tampa IID lawyer at our firm about the ignition interlock program.
How Long Do I Have to Use the Ignition Interlock Device?
The length of IID time will depend upon the nature of the crime. Listed below are the time requirements for the ignition interlock program in Florida:
- First DUI Conviction: IID is not mandatory, but may be ordered by the court.
- First Conviction-Aggravated: If the driver’s blood alcohol concentration is at or above .15 percent or there was a minor in the vehicle, IID is required for at least 6 months.
- Second Conviction: Minimum 1 year IID installation.
- Second Conviction-Aggravated: Minimum 2 years’ installation of the IID.
- Third Conviction: Minimum 2 years’ IID installation.
- Fourth or Subsequent Conviction: Minimum 5 years’ IID installation.
The Cost of Having an IID
In the state of Florida, there are only two qualified ignition interlock vendors. Hillsborough County uses Interlock Systems of Florida. Once a person is convicted of a DUI, the court will notify the Department of Highway Safety and Motor Vehicles (DHSMV) of the required length of time the suspension and interlock requirement should be.
The installation of the IID comes at the expense of the convicted individual. The device itself is only $12, but there is a $75 fee for the installation, $72.50 monthly fee for monitoring and calibration and a $100 initial deposit that can be refunded after the completion of the program. In some cases, convicted individuals cannot afford the IID fees, in which case alternative payment methods may be available.
Taracks & Associates: Your Tampa DUI Attorney
If you have been arrested for DUI and you want or even need to avoid a conviction and the ensuing penalties, then do not hesitate to get in touch with a Tampa IID Defense lawyer from our firm. At Taracks & Associates, we have a former prosecutor on our team, which could serve to your advantage. The attorney at our firm understands the DUI process and can fight to see that you don’t receive the IID penalty if at all possible. To learn more, please call our firm today!