Are Ignition Interlock Devices Required for 1st DUIs?
By Jonathan Blecher on November 3, 2016
If you are familiar with Florida’s DUI laws, you may be aware of the fact that Section 316.193 of the Florida Statutes requires that certain DUI offenders install Ignition Interlock Devices (IIDs). If you’re not familiar with IIDs, they are a small breath testing device that is connected to a person’s vehicle.
The IID is a breathalyzer that’s installed in a person’s vehicle (at the DUI defendant’s personal expense) after they have been convicted of DUI. The IID requires the individual to blow air into a mouthpiece before the vehicle can start. In Florida, the IIDs prevent vehicles from starting if the driver registers a blood alcohol level (BAL) of 0.025% or above.
Additionally, IIDs must be capable of random testing as the vehicle is running. While the vehicle won’t be shut off if it registers alcohol in the driver’s breath, it will be reported to the courts and there will be legal consequences for drinking and driving.
What if my spouse and I both have a vehicle and we sometimes drive each other’s cars, do I have to install an IID on my spouse’s car as well? If you have more than one vehicle in your household, then yes, the court would require you to install an IID on all vehicles that you routinely operate.
Who is required to install an IID?
Does Florida require IIDs for first DUI offenses as some states do? Not all DUI defendants are required to install an IID on their vehicles. Much of it depends on the person’s BAL if they had a child in the car and their number of convictions. Under Section 316.193 of the Florida Statutes, the following individuals convicted of DUI are required to install an IID on their vehicles:
- People with a BAL of 0.15% or above on a first DUI offense (must install IID for 6 months or longer).
- People with a minor in the vehicle at the time of arrest (IID required for 6 months or longer).
- People convicted of their second DUI offense (IID required 12 months or longer).
- People convicted a second DUI with a BAL of 0.15% or above, or with a minor in their vehicle (IID required for 2 years or longer).
- People convicted for a third DUI must install an IID for at least 2 years.
- For four or more DUI convictions, the driver must install an IID for at least 5 years.
In some cases, the court can order someone to install an IID upon a first DUI conviction, even if their BAL was below 0.15%, however, this decision is up to the court’s discretion.
If you are facing DUI charges in Miami, the best way to avoid having a court-ordered IID is to fight and win your DUI in court. To get started, contact my firm, Jonathan Blecher, P.A. for a free consultation!