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Your Complete Guide to Ignition Interlock Devices in Florida



What is an Ignition Interlock Device in Florida?

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle to prevent it from starting if the driver has a blood alcohol concentration (BAC) above a predetermined limit. In Florida, the IID is often mandated by the court or the Department of Highway Safety and Motor Vehicles (DHSMV) after a DUI conviction. The device requires the driver to blow into a mouthpiece before starting the vehicle and at random intervals while driving.

What is an Ignition Interlock Device in Florida? An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle to prevent it from starting if the driver has a blood alcohol concentration (BAC) above a predetermined limit.

After a DUI arrest, a person might install an ignition interlock device on their vehicle on a voluntary basis or because the court or DHSMV ordered it. The interlock device can be installed voluntarily, even if you are not convicted of DUI or required to install it by the court or DHSMV. For example, a person might install the IID on a voluntary basis to enter a DUI diversion program.

Even if diversion isn’t an option, an attorney might recommend installing the IID voluntarily to negotiate a better resolution to a DUI case. After a DUI conviction, the court might order you to install an ignition interlock device. The imposition of that condition can be required or discretionary, depending on the statutory requirements for the charge.

Even if the court failed to order the placement of an ignition interlock device for the mandatory time required under Sections 316.193 or 316.1937, the DHSMV is authorized to order the installation of the ignition interlock device on any vehicle owned, leased, or routinely operated by the defendant.

How Does the Ignition Interlock Device Work?

The Ignition Interlock Device in Florida uses fuel cell technology to measure the driver’s BAC. If the BAC is below 0.05, the vehicle will start. The device also requires periodic retests while the vehicle is in motion. Data from the device is transmitted to a monitoring agency, which can be reviewed by probation officers to ensure compliance.

How does the Ignition Interlock Device work? The Ignition Interlock Device uses fuel cell technology to measure the driver’s BAC. If the BAC is below 0.05, the vehicle will start.

The equipment then requires the driver to take the test again at random intervals while driving. The data obtained from the device is sent through an internet-based reporting program, which the driver’s probation officer can view at any time. The probation officer can potentially use any positive reading to violate the driver’s probation if the probationer is forbidden from consuming alcohol.

When should you install the ignition interlock device after a DUI conviction? You can wait to have the interlock device installed on a vehicle until after you have an appointment to reinstate your driving privilege if you are approved for a hardship license. After entering the plea to DUI, if the court suspends your license and orders you to install the ignition interlock device, you can apply for the hardship immediately after the plea (if you have a certified final disposition showing the DUI conviction).

Then, after you are approved for the hardship license at the Bureau of Administrative Reviews, you can set an appointment to reinstate your driving privileges and install the interlock device. The DHSMV does NOT require you to install the ignition interlock device before the hearing. The DHSMV will only give you credit for the time you have the interlock on their vehicle once you have valid driving privileges.

For more information on DUI penalties and how they might affect you, check out our guide to third DUI penalties outside 10 years and penalties for third DUI within 10 years.

Penalties for Ignition Interlock Device Violations in Florida

Your Complete Guide to Ignition Interlock Devices in Florida

Failure to comply with Ignition Interlock Device (IID) requirements can result in severe penalties. These penalties may include extended periods of device installation, fines, or even jail time. Violations can occur if the driver attempts to tamper with the device, fails to provide a breath sample, or registers a BAC above the allowed limit.

What are the penalties for Ignition Interlock Device violations in Florida? Penalties may include extended periods of device installation, fines, or jail time.

Consequences of Non-Compliance

Non-compliance with IID requirements can lead to probation violations, which may result in additional legal consequences. The court may impose stricter monitoring, longer IID installation periods, or revoke driving privileges altogether. Here are some specific consequences you might face:

  • Extension of IID Installation Period: If you violate IID terms, the court may extend the period you are required to have the device installed.
  • Fines: Monetary penalties can be imposed for tampering with the device or failing to comply with its requirements.
  • Jail Time: Serious violations, such as tampering with the IID, can result in jail sentences.
  • Probation Violations: Any non-compliance can lead to probation violations, potentially resulting in additional legal actions.
  • Revocation of Driving Privileges: Repeated violations can lead to the complete revocation of your driving privileges.

Understanding these consequences is crucial, as they can have a significant impact on your life. For instance, if you are found tampering with the IID, you could face severe penalties. According to Florida law, tampering with an IID is a serious offense that can lead to additional charges and penalties. For more detailed information on the consequences of tampering with an IID, visit our page on tampering with ignition interlock devices.

What happens if you tamper with an Ignition Interlock Device in Florida? Tampering with an IID can lead to additional charges, extended installation periods, and even jail time.

Moreover, failing to provide a breath sample when prompted by the IID can also result in penalties. The device is designed to ensure that the driver is sober while operating the vehicle. If you fail to provide a breath sample, it is considered a violation, and you may face fines or extended IID installation periods.

IID violations can have far-reaching legal implications. If you are on probation, any violation can be used to argue that you have not complied with the terms of your probation. This can lead to a probation violation hearing, where the court may impose additional penalties, including jail time. It’s essential to understand that the court takes these violations seriously, and any non-compliance can have severe consequences.

For example, if you are required to have an IID installed for a period of one year and you violate the terms, the court may extend this period to two years. This can be particularly challenging if you rely on your vehicle for work or other essential activities. Additionally, the court may impose stricter monitoring requirements, making it more difficult for you to regain your driving privileges.

To avoid these consequences, it is crucial to comply with all IID requirements. If you are unsure about any aspect of the IID program or need legal assistance, our team at Leppard Law: DUI Lawyers is here to help. We have extensive experience in handling DUI cases and can provide the guidance you need to navigate the complexities of IID requirements and penalties.

For more information on DUI penalties and how they might affect you, check out our guide to third DUI penalties outside 10 years and penalties for third DUI within 10 years.

Steps to Install an Ignition Interlock Device in Florida

To install an Ignition Interlock Device (IID) in Florida, follow these essential steps:

  1. Receive Court Order: Ensure you have a court order or a requirement from the Department of Highway Safety and Motor Vehicles (DHSMV) for IID installation. This step is crucial, as it provides the legal basis for installing the device.
  2. Choose a Certified Provider: Select a state-approved IID provider for the installation. It’s important to choose a provider that is certified by the state of Florida to ensure compliance with legal standards. You can find a list of approved providers on the DHSMV website.
  3. Schedule Installation: Book an appointment with the chosen provider to install the device in your vehicle. Make sure to bring all necessary documentation, including your court order or DHSMV requirement.
  4. Attend Monitoring Appointments: Regularly visit the provider for device calibration and data reporting. These appointments are essential for maintaining the accuracy and functionality of the IID.
  5. Comply with Usage Requirements: Follow all IID usage guidelines to avoid violations and penalties. This includes providing breath samples as required and avoiding any attempts to tamper with the device.

Installing an IID can be a straightforward process if you follow these steps carefully. However, it’s important to be aware of the associated costs and potential financial assistance options.

Cost of Ignition Interlock Device Installation

The cost of installing an Ignition Interlock Device can vary, but it generally includes several components:

  • Refundable Deposit: A refundable deposit, typically around $100, is required when you first install the device.
  • Installation Fees: The initial installation fee is usually around $70. This fee covers the cost of installing the IID in your vehicle.
  • Monthly Calibration and Monitoring Charges: There are ongoing costs for calibration and monitoring, which can be around $67.50 per month. These charges ensure the device remains accurate and functional.

Financial assistance may be available for those who cannot afford the costs. The court is authorized to determine your ability to pay for the installation of the device. If you claim an inability to pay, the court may order that any portion of a fine paid for a DUI violation be allocated to defray the costs of installing the IID. For more detailed information on DUI penalties and associated costs, visit our first DUI penalties guide.

How much does it cost to install an Ignition Interlock Device in Florida? The costs include a $100 refundable deposit, $70 for installation, and $67.50 per month for calibration and monitoring.

It’s important to note that if the court does not order the installation of an IID, the DHSMV is authorized to order it. This means that even if the court fails to mandate the IID for the required time, the DHSMV can step in and enforce the installation. This is in accordance with Florida Statute Section 322.2715(4).

For those who are required to install an IID, compliance with all usage guidelines is crucial. Non-compliance can result in severe penalties, including extended installation periods, fines, or even jail time. For more information on the consequences of non-compliance, check out our page on tampering with ignition interlock devices.

Additionally, if you are applying for a hardship license, you can wait to have the IID installed until after you have an appointment to reinstate your driving privilege. The DHSMV will only give you credit for the time you have the IID once you have valid driving privileges. For more details on obtaining a hardship license, visit our page on obtaining a hardship license after a DUI.

Understanding the steps and costs involved in installing an IID can help you navigate this process more smoothly. If you have any questions or need legal assistance, our team at Leppard Law: DUI Lawyers is here to help. We have extensive experience in handling DUI cases and can provide the guidance you need to ensure compliance with IID requirements.


Duration of Ignition Interlock Device Requirement in Florida

Legal Books - Your Complete Guide to Ignition Interlock Devices in Florida

The length of time you need to have an Ignition Interlock Device (IID) installed in Florida depends on the specifics of your DUI conviction. Here’s a breakdown of the required durations:

  • First DUI Conviction: If the court orders it, the IID must be installed for at least six continuous months.
  • First DUI with BAC ≥ 0.15 or Minor Passenger: Mandatory installation for at least six continuous months.
  • Second DUI Conviction: Mandatory installation for at least one year.
  • Second DUI with BAC ≥ 0.15 or Minor Passenger: Mandatory installation for at least two continuous years.
  • Third DUI Conviction: Mandatory installation for at least two years.

How long must an Ignition Interlock Device be installed in Florida? The duration ranges from six months to two years, depending on the specifics of the DUI conviction.

Understanding these requirements is crucial for anyone facing DUI charges. The court or the Department of Highway Safety and Motor Vehicles (DHSMV) may mandate the installation of an IID, even if the court initially fails to order it. This is authorized under Florida Statute Section 322.2715(4).

Obtaining a Hardship License

After a DUI conviction, you may be eligible for a hardship license, which allows limited driving privileges. To obtain this license, you must have the IID installed and meet all other requirements set by the DHSMV. Here’s how you can go about it:

  1. Enter a Plea: After entering a plea to DUI, the court may suspend your license and order the installation of the IID.
  2. Apply for Hardship License: You can apply for a hardship license immediately after the plea, as long as you have a certified final disposition showing the DUI conviction.
  3. Approval and Installation: Once approved for the hardship license at the Bureau of Administrative Reviews, set an appointment to reinstate your driving privileges and install the IID.

It’s important to note that the DHSMV does not require you to install the IID before the hearing. The DHSMV will only give you credit for the time you have the IID once you have valid driving privileges. For more information on DUI penalties and associated costs, visit our first DUI penalties guide.

In some cases, installing the IID on a voluntary basis can be beneficial. Even if you are not convicted of DUI or required to install it by the court or DHSMV, you might choose to install the IID to enter a DUI diversion program or to negotiate a better resolution to your DUI case. This proactive step can demonstrate your commitment to responsible driving and may positively influence the outcome of your case.

For those with multiple DUI convictions, the requirements become stricter. For instance, a third DUI conviction mandates the installation of the IID for at least two years. Similarly, if you are convicted of a second DUI with a BAC of 0.15 or higher or with a minor passenger in the vehicle, the IID must be installed for at least two continuous years. These stringent measures aim to prevent repeat offenses and ensure public safety.

Additionally, certain individuals convicted of DUI are required to install an IID before restoring their driving privileges in Florida. Under Florida Statute Section 316.193, the installation of the IID is mandatory before obtaining a “business purpose only” or “work purpose only” restricted driver’s license. When the driver becomes eligible for the program, their license will be issued with a “P” restriction, indicating the requirement for the IID.

It’s also worth noting that if the court limits a person convicted of DUI to driving only vehicles equipped with a functioning IID, employer-owned vehicles used by the convicted offender in the course of employment are excluded, as per Section 316.1937(7). This exception allows individuals to continue their employment without the added burden of installing an IID on their employer’s vehicles.

Understanding the duration and requirements for installing an IID can be complex, but it’s essential for compliance and avoiding further legal complications. If you have questions or need legal assistance, our team at Leppard Law: DUI Lawyers is here to help. We have extensive experience in handling DUI cases and can provide the guidance you need to navigate these requirements effectively.

For more detailed information on the consequences of non-compliance with IID requirements, check out our page on tampering with ignition interlock devices. Additionally, if you’re facing a third DUI conviction, our third DUI penalties guide provides comprehensive information on the penalties and requirements.


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How do I get an Ignition Interlock Device installed in Florida?

To get an Ignition Interlock Device installed in Florida, follow these steps:

  1. Receive a court order: Ensure you have a court order or DHSMV requirement for IID installation.
  2. Choose a certified provider: Select a state-approved IID provider for installation.
  3. Schedule installation: Book an appointment with the provider to install the device in your vehicle.
  4. Attend monitoring appointments: Regularly visit the provider for device calibration and data reporting.
  5. Comply with usage requirements: Follow all IID usage guidelines to avoid violations and penalties.

What are the penalties for tampering with an Ignition Interlock Device in Florida?

The penalties for tampering with an Ignition Interlock Device in Florida include:

  • Extended IID installation period: The court may extend the duration for which the IID must be installed.
  • Fines: You may be subjected to fines for tampering with the device.
  • Jail time: Tampering with an IID can result in jail time.

What happens if you tamper with an Ignition Interlock Device in Florida? Tampering with an IID can lead to extended installation periods, fines, or even jail time.

For more detailed information, check out our page on tampering with ignition interlock devices.

Can I install an Ignition Interlock Device voluntarily in Florida?

Yes, you can install an Ignition Interlock Device voluntarily in Florida. Installing the IID voluntarily can be beneficial for:

  • Entering a DUI diversion program: Some programs may require IID installation as a condition for participation.
  • Negotiating a better resolution: Voluntary installation can demonstrate your commitment to responsible driving and may positively influence the outcome of your DUI case.

To learn more about DUI diversion programs, visit our DUI to reckless driving reduction guide.

What is the cost of installing an Ignition Interlock Device in Florida?

The cost of installing an Ignition Interlock Device in Florida generally includes:

  • Refundable deposit: $100 or a $5 charge each month.
  • Installation fee: Approximately $70.
  • Monthly calibration and monitoring charges: Around $67.50 per month.

How much does it cost to install an Ignition Interlock Device in Florida? The costs include a refundable deposit, installation fees, and monthly calibration and monitoring charges.

For more information on the financial aspects, visit our page on DUI restitution.


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Legally Reviewed by Joe Easton

Experienced Florida DUI Attorney

This article on ignition interlock devices in Florida has been legally reviewed by Joe Easton and the content team. With over 60 years of combined criminal defense expertise, Joe Easton brings extensive experience and strategic prowess in DUI and criminal defense. He offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your DUI case is not just defended but championed with dedication and expertise.

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