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Ignition Interlock Devices
An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit. The device is located inside the vehicle, near the driver seat, and is connected to the engine's ignition system. The ignition interlock device is placed inside the vehicle of a person on probation for a DUI conviction. The person must blow into the device to start the vehicle. While the person is driving the vehicle, they must randomly blow into the tube to keep the vehicle running. If the machine detects alcohol or the subject refuses to blow, the vehicle engine will shut off.
The court shall order the mandatory placement at the
convicted individual's expense, an ignition interlock device approved by the department in accordance with Florida
Statute 316.1938 upon all vehicles that are individually or
jointly leased or owned and routinely operated by the
convicted individual. These devices may be installed for up
to 6 months for a first offense and for at least 2 years
for a second offense if the subject's blood alcohol
level or breath alcohol level was .2 or higher or at the time
of the offense was accompanied by a person under 18 years
of age.
As of January 2005 not a single client of mine is blowing
into one of these devices.
Refusal to Submit to Testing Florida Statute
316.1939 states any person who has refused to submit to a
chemical or physical test of his or her breath, blood or
urine as described in Statute 316.1932 and whose driving
privilege was previously suspended for a prior refusal to
submit to a lawful test and;
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| A.
The arresting officer had evidence to believe that
person was driving or was in actual physical control of a
motor vehicle in this state while under the
influence of alcoholic beverages.
B. Was
arrested for DUI.
C. Was told
that if he/she refused to take such a test, his/her
privilege to drive would be suspended for one year
or for a second or subsequent refusal for 18 months.
D. Who was
informed that a refusal to submit to a lawful test
if the driving privilege had previously been
suspended for a prior refusal.
E. Who after
being informed, refused to submit commits a
misdemeanor of the first degree. |
Third DUI Conviction
A third DUI conviction may be a felony of the third
degree punishable by a term of imprisonment of 5 years.
Any person who is convicted of a third DUI within 10
years of the prior conviction commits a third degree felony.
Prior to July 2002, this would have been a misdemeanor
punishable by a term of imprisonment of not more that one
year.
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