Florida Since October 2008, judges must order interlocks for all repeat and all first-time convicted drunk drivers with a blood alcohol concentration (BAC) of .15 or greater. From 2006 to 2020 in Florida, interlocks stopped 109,127 attempts to drive drunk with a BAC of .08 or greater, including 11,809 attempts to drive drunk in 2020.
Grade: F (19/100) Florida must take steps to ensure more drunk drivers utilize an ignition interlock. Enacting an all-offender interlock law will go a long way to stop drunk driving.
Why does MADD not call the law all-offender? First-time offenders can obtain a time/route restricted license 30 days after revocation and judges are not required to order interlocks for all first-time offenders. Process to obtain an ignition interlock 1. Apply for a hardship license through the DHSMV. 2. Complete a 12-hour Florida Advanced Driver Improvement course and related requirements. 3. Contact county clerk to get 30-day driving record. 4. Get proof of SR-22 insurance or other financial accountability. 5. Schedule an appointment to have an interlock device installed. 6. Go to the DHSMV with all required paperwork and pay fines and related costs. Then, the person receives a hardship license. 7. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 30 days after conviction 6 months if ordered by a Judge Require interlocks use during any
court ordered or DMV license suspension. Eliminate waiting periods before a person goes on an interlock. Allow for the use of interlocks for any refusal.
First offense .15 BAC or more
30 days after conviction 1 year after conviction
Mandatory 6 months
Second offense
1 year
Interlocks not available for first-time refusals
First refusal
Can a drunk driver wait out an interlock order?
Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Compliance based removal? Yes A user may have their time an interlock extended as a result of a third or subsequent violation by the DHSMV. Violations are sent to DUI programs. A violation incudes: 1) Any two breath tests above the .05 BAC upon initial startup of the vehicle, 2) Any retest above a .05 BAC. 3) Any evidence of equipment tampering that is determined to be the result of alcohol use. 4) Missed rolling retest. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? No Currently, if a court determines that the convicted person is unable to pay for the installation an interlock, the court may order that a portion of the fine paid by the person be allocated to defray the costs of installing the device. Legislative Recommendation Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users. Sources: §322.2715(3), §316.193(2)(a)(3), §316.193(2)(b) and (4)(c), §322.2715(1), §316.193, §322.271(2)(d), FL DHSMV
16
Made with FlippingBook Ebook Creator