Ignition Interlock Devices
The ignition interlock device is a mechanism, like a breathalyzer, installed to a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver first must exhale into the device, if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration the vehicle will not start. Also, while the vehicle is being driven, the subject must randomly blow into the tube to keep the vehicle running. If the machine detects alcohol or the subject refuses to blow, the vehicle’s engine will shut off.
As of 2009, almost all 50 states have laws permitting the imposition of ignition-interlock devices as sentencing alternatives for those convicted and on probation for DUI.
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 one 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;
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 charged as a felony in the third degree which is 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 charged as a misdemeanor, punishable by a term of imprisonment of no more that one year.
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