I write from the home of http://www.floridaduilawyer.com/ on the topic of the ignition interlock device. The devil, you say! Yes, there is a device called the ignition interlock device. Florida Statute 316.1937 provides for the following: the court may require any person convicted of D.U.I. that vehicle with an ignition interlock device so that vehicle will not operate if the operator’s blood alcohol level is in excess of .05. The length of time is not less than 6 months. Yes, this means in theory a court could order such a device placed on a first offender’s car ( any car owned by him, or leased by him or that he has access to). However, if a defendant had a breath alcohol reading of .20 or above or had a minor (person under 18) in the automobile with him then the ignition interlock device MUST be place on the automobiles.
However, when a person is convicted of a second offense of D.U.I. the court MUST order the placement of the ignition interlock device for a period of at least two years! But the reality is that the device would not even be placed on the car until after the probationary period expired. How so, you say? Because even on a second D.U.I. conviction the length of the driver’s license suspension will be 6 -12 months( unless it's a second within 5 years)! The defendant is placed on probation for 12 months. The defendant is simply not allowed to drive (at least legally) while on probation. So once the license suspension expires the defendant must trot down to the Bureau of Administrative Review, located at 6801 Lake Worth Road, Suite 203, Lake Worth, Fl. 33467 to obtain information on how to proceed (or, they can call me). What this means is that the defendant will not be able to get either a business permit or their regular license back until they provide proof to the Bureau of Administrative Review that the device has been installed!
If you wish to discuss your D.U.I. arrest, life, the universe or anything you may telephone me at 561-616-8700. You may e-mail me at DUITIM@floridaduilawyer.com. My website is http://www.floridaduilawyer.com/.
Copyright, 2008. All Rights Reserved.
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