By: Florida DUI attorney Albert Quirantes – 305-644-1800
If you are arrested and charged for driving under the influence of alcohol or drugs (DUI), and your Florida DUI defense attorney has helped you reduce your penalty you may still have to get an ignition interlock device (IID) fitted in your vehicle.
According to Section 316.193 of the Florida Statutes, certain drivers must have an ignition interlock device fitted to their vehicle if they are faced with a DUI conviction for a period of time.
The ignition interlock program came into effect after the 1st July 2002 for drivers who were considered eligible for the reinstatement of a suspended license on a restricted basis.
This device is also a requirement for any driver who has been convicted of DUI who has applied for a restricted license for business or work purposes.
If a person is eligible, what is called a P restriction driver license is issued, which is the indication that an interlock device is installed. The time period for the interlock starts to run on the date of issue of the “P” interlock restriction. A driver who is required to get the interlock installed must have the job done by an approved vendor and installer.
Courts throughout the state report DUI convictions to the Florida Department of Highway Safety and Motor Vehicles, DHSMV. This is normally done electronically and includes a court order for the installation of an ignition interlock device. This court order should indicate both the interlock requirement and time of suspension.
There are times when a convicted person does not have the money to pay for the installation of the ignition interlock device. In this case the court could order that part of the fine that has to be paid by the driver for his or her violation of section 316.193 be redirected to paying for the cost of the device’s installation. This is contained in Section .316.1937(2)(d) of the Florida statutes. Your Miami DUI defense lawyer Albert Quirantes will be able to help you with this side of the installation.
There are certain specifications of the ignition interlock device which includes preventing the driver from starting the vehicle if he or she has a blood alcohol count (BAC) of more than 0.025, the capability of random testing when the vehicle is running, data reported via internet 24/7, funded by the user, ability to store and record visual evidence.
An ignition interlock device is required for a 1st conviction only if it is ordered by the court if the BAC is above 0.15, or if there is a minor in the vehicle at the time of the arrest. This will attract a 6 months requirement for the IID. IIDs may also be ordered if there is a 2nd conviction for DUI and a one year restriction is then required. If it is a 3rdconviction and if the BAC is 0.15 or over, or if there is a minor in the vehicle there is a 2 year restriction. If you have 4 convictions or more and you have a condition of hardship license the ignition interlock device will be required for a minimum of 5 years. However it is unlikely that you will regain your license by that time since there is a permanent life and revocation. In the event your lawyer is good enough to get you a hardship license, after five years at a hearing, then any license would carry the requirement of an interlock for at least five years.
This tells you, try not to get convicted of a DUI if it is your second, third, or fourth offense. Even a first offense is a pain in the posterior. You definitely need a Miami DUI attorney Like Albert Quirantes to help you if you are accused of DUI in Florida. We may be able to get your case dismissed.
If you have any questions about this article or any DUI related issue, don’t hesitate to visit www.DUIfirm.com, where you can click to call us at 305-644-1800, text message us or click to get a map and driving directions to our location. I wish you the best of luck on your case.