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Ignition Interlock Device

Under Florida Statute Section 316.193(2), an Ignition Interlock Device (IID) is required for all repeat DUI offenders in two circumstances:

• if the offender’s BAC is 0.15 or higher; or
• if children under 18 are in the vehicle at the time of the offense.

For a first DUI offense in Florida, the court is permitted to, but not required, to require the ignition interlock device for up to 6 months. For most first DUIs in West Palm Beach, in Palm Beach County, FL, the court will not typically require the installation of the ignition interlock device when it is not required by statute. Also, for the First DUI Program in Palm Beach County, the IID is not typically required as a condition of completing the program.

Before starting a vehicle with an IID installed, the driver must blow into a tube. If the IID detects a BAC above the pre-set maximum level, the IID will prevent the vehicle from starting.

Additionally, modern IIDs conduct randomized tests while the vehicle is being operated in order to help ensure that the driver did not use another person’s breath sample to start the car, or did not begin drinking after starting the vehicle. If the IID detects BAC above the pre-set level during one of these tests, the IID will not stop or disable the engine but will record the violation.

When violations occur, the IID must be checked and reset by the IID servicer and the record will be sent to the proper authorities. The offending driver pays for the installation, maintenance, and monitoring of the IID.

If a person is unable to afford the IID, then the court may order that any portion of a fine paid to be counted against installation costs. See 316.1937(2)(d), F.S. The cost (plus tax) to the driver for an ignition interlock device in Florida includes:

• $75.00 for installation;
• $72.50 for monthly monitoring and calibration; and
• $100 refundable deposit or a $5 monthly insurance charge.

Circumvention of the IID in s. 316.1937, F.S.

To prevent attempts to circumvent the IID, s. 316.1937, F.S., prohibits the following acts:

• tampering with or circumventing the operation of an IID;
• requesting or soliciting another person to blow into the IID for the purpose of starting or operating the motor vehicle;
• blowing into an IID for the purpose of starting or operating the motor vehicle for another; and
• knowingly leasing or lending a motor vehicle to a person who has been required to have an IID installed on his or her motor vehicle.

The penalties for a violation of the prohibition against circumventing the IID requires a one-year driver license suspension. A subsequent violation of the above during the same period of IID installation carries a five-year license suspension.

If a person commits any of the prohibited acts specified above and is not a licensed driver, he or she will be subject to a fine between $250 and $500 for each violation.

This article was last updated on Friday, November 5, 2016.