Ignition Interlock Devices and DUI Convictions in Miami
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Under state law, drivers convicted of driving under the influence (DUI) will have their driver's license suspended or revoked. In order to restore the ability to operate a vehicle legally, a convicted offender may be required to have an ignition interlock device installed. The ignition interlock device tests blood alcohol concentration (BAC) with a breath test before the vehicle can be started.
If you have been charged with DUI, consult with a skilled DUI attorney in Miami before you make a decision about pleading guilty or not guilty. As a former prosecutor with more than 35 years of legal experience, I will fight to achieve the best possible outcome.
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Ignition Interlock Devices and DUI Penalties in Miami
If are convicted of a DUI offense, the court may choose to order the installation of an ignition interlock device in your vehicle as part of your sentencing. This requirement depends largely on whether you have prior DUI convictions on your record, a breath test result over .15 or minors in the car at the time of the offense. A first DUI conviction with any of those enhancements carries a mandatory six month IID. For example, if it is your second DUI conviction, you are required to have an ignition interlock device for at least one year. If it is your second DUI conviction but your BAC was 0.15 or higher, you're required to have the device in place for at least 2 years.
The inconvenience and embarrassment of an ignition interlock device is only part of the problem. There are costs associated with the device that you will be required to cover. It will cost about $100 to have the device installed and $85 for monitoring and calibration every month.
Ignition interlock devices were a key part of a campaign by Mothers Against Drunk Driving, a group dedicated to preventing driving under the influence, stopping underage drinking, and promoting strict and harsh alcohol policies nationwide. As a result of their efforts, every state in the country, including Florida, offers the installation of ignition interlock devices as a punishment for DUI.
Not only is an ignition interlock device extremely invasive for a driver, but it is costly to install and maintain. When a driver's BAC surpasses the limit allowed by law, the driver may face additional criminal charges as a result.
Can an ignition interlock device be installed on my car?
Not every driver convicted of DUI in Florida will need to install an ignition interlock device, but many who seek a restricted driver's license to get to school or work will need to have one.
Florida law mandates an ignition interlock device for:
- First conviction- only if court ordered
- First conviction over 0.15- at least 6 months
- Second conviction- at least 1 year
- Second conviction over 0.15- at least 2 years
- Third conviction- at least 2 years
- Four or more convictions- minimum of 5 years
There are a few requirements for the device to be installed on any vehicle. It must use fuel cell technology, be equipped with a rolling retest that can be used when the car is still running, completely funded by the person using the device, and must be capable of recording and storing visual evidence of use. Further, evidence from this device must be able to be collected 24 hours per day, 7 days a week.
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If you want to avoid the expense, embarrassment and ignition interlock device, it is imperative that you get in touch with an experienced and successful Miami DUI attorney. I have earned a 10.0 Superb Rating on Avvo and am AV® Rated by Martindale-Hubbell®, and you can trust that I have the knowledge and skill to create a powerful defense case. Review my winning cases and see for yourself what I can accomplish in court. I offer a case evaluation, or you can contact my office directly for assistance.
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