Penalties which include an interlock device

One of the most severe penalties that can be imposed following a conviction for DUI in Florida is being required to install an ignition interlock device in your vehicle. Florida state law gives the court the authority to require this form of punishment in certain impaired driving cases, and the penalty is mandatory for multiple offenders. Those who are convicted for even a second offense will automatically be required to install a device at their own expense that read breath alcohol content before the vehicle can be started.

First offense installation

While Florida law only makes this punishment mandatory for multiple offenders, the statute still gives judges the authority to add the penalty to other punishments in egregious first offense cases. These cases include those where the defendant has an excessive blood alcohol content reading beyond the .08 standard set for in the penal code. However, this stipulation can often be averted with a strong DUI defense.

Mandatory multiple offense installation

Section 316.193 of the Florida penal code requires those convicted of a second DUI or more must have an ignition interlock device installed in their personal vehicle. The length of time is set by the court with respect to the material facts of the case. This is one of the primary elements of a punishment schedule that will be negotiated in a plea agreement along with fine assessments and potential jail time of up nine months.

It is important for all convicted impaired drivers to understand that avoiding detection by letting a sober driver blow into the device could result in additional criminal charges or suspension of the special license allowed with the requirement. And, while it could be tempting to drive after drinking when a friend can blow non-alcohol vapors into the device, many devices also include cameras to assist in personal identification when this occurs.

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