AV Preeminent
The Florida Bar

Interlock Device

Interlock Device“Interlock devices are mandatory in many Fort Lauderdale DUI Convictions” The laws regarding special conditions such as these get rougher every year in Florida. The fact is that First Offense DUI in Florida carries tougher penalties than most first time felony crimes (3rd degree). DUI lawyers are often frustrated that a first offense DUI in Florida can require this device in many cases (such as .15 BAC).

Before issuing a permanent or restricted driver’s license, the Department of Highway Safety and Motor Vehicles must require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence, except that consideration may be given to those individuals having a documented medical condition that would prohibit the device from functioning normally. An interlock device must be placed on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person.

Furthermore, in addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence and who is granted probation may not operate a motor vehicle during the period of probation unless that vehicle is equipped with a functioning, certified ignition interlock device installed in such a manner that the vehicle will not start if the operator’s blood level is in excess of 0.05% or as otherwise specified by the court. The court may require the use of an approved ignition interlock device for the period of probation, such period to be for not less than six continuous months, if the person is permitted to operate a motor vehicle, whether the privilege to operate a motor vehicle is restricted or not, as determined by the court.

If the court imposes the use of an ignition interlock device as a condition of probation, the court must stipulate on the record the requirement for, and the period of, the use of a certain ignition interlock device; order that the records of the Department of Highway Safety and Motor Vehicles reflect such requirement; and order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owner or operated by the person.

The court must determine the person’s ability to pay for the installation of the device if the person claims an inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that a portion of a fine paid by the person for a violation of driving under the influence be allocated to defray the costs of installing the device. The court must also require proof of installation of the device and periodic reporting to the department for verification of the operation of the device in the person’s vehicle.

If the court imposes the use of an ignition interlock device on a person whose driving privilege is not suspended or revoked, the court must require the person to provide proof of compliance to the Department of Highway Safety and Motor Vehicles within 30 days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court must notify the Department. If the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for a period of less than three years, the Department must require proof of compliance before reinstatement of the person’s driving privilege.

Any person whose driving privilege is restricted under a condition of probation requiring an ignition interlock device must notify any other person who leases or loans a motor vehicle to him or her of that driving restriction.

Penalties are provided for violations. In addition, a violation of the statute is a noncriminal traffic infraction, punishable as a non-moving violation.

If you have been arrested and need help, consider speaking to one of our Criminal Attorneys in Broward County.

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