What is an Ignition Interlock Device?
An Ignition Interlock Device, or IID, is a mechanism that prevents a vehicle from being started prior to the driver’s submission of a breath sample that is subsequently analyzed to fall under a pre-determined BAC limit. Such devices are often installed in a person’s car as a result of a conviction for a DUI involving an enhanced blood alcohol level or for an individual who has suffered multiple DUI convictions. In addition to requiring a breath sample prior to starting the vehicle, IIDs are programmed to ask for further breath samples at random times during a trip. This feature is designed to discourage someone with a court ordered IID from having another person provide curbside assistance to get the vehicle started. Although a large body of research exists which demonstrates the reliability and effectiveness of IIDs, some States have been slow to implement their use.
Do Ignition Interlock Devices Work?
Several studies have demonstrated that IIDs reduce recidivism among first time DUI offenders, as well as among repeat DUI offenders. Research additionally shows that family members of DUI offenders support the use of IIDs, because the technology provides a guarantee that their loved one will not continue the dangerous behavior associated with drinking and driving.
NHTSA Unfairly Interprets Study in Self-Serving Fashion
According to Nicole Nason, former Administrator of the National Highway Traffic Safety Administration, IIDs are used in only 20% of eligible cases nationwide. She contends that although 47 States have enacted laws allowing IIDs to be used as part of DUI sentencing, only 9 States have mandatory IID sanctions for first time DUI offenders.
The contention that IID’s are under utilized is simply not fair. The only way that NHTSA can make such an allegation is to first presume that each and every person convicted of a DUI be required to have an Ignition Interlock installed in their vehicle. Such a knee jerk approach is clearly draconian in light of the already burdensome number of minimum mandatory statutory penalties associated with a DUI conviction. An IID has no place in the sentencing structure of a first time offender who fails to cause property damage or injury and who operates at a BAC level under .15%.
Avoiding the Ignition Interlock: A Pre-emptive Strike
If you have been arrested for DUI in St. Petersburg, Clearwater or other city within Pinellas county, you may be understandably concerned about the penalties and Florida’s Ignition Interlock mandates. Our extensive Florida Ignition Interlock website may answer many of your questions.
You should know that an experienced attorney can sometimes make a difference in avoiding the ignition Interlock requirement. This can be accomplished a number of ways, including:
- The filing of a motion seeking to suppress your breath test readings for failure to comply with calibration and testing procedures;
- Providing the judge with testimony or evidence that suggests that although your breath test readings may have been over the threshold .15 BAC, they were under .15 BAC at the time you were operating the motor vehicle - the "rising blood alcohol" defense;
- Arguing to the court that situations where the driver produced one breath testing reading over .15 BAC and another sample under this level, fail to qualify for the mandatory imposition of the IID;
- Having the DUI charge reduced to a Reckless Driving offense
Evaluating Your Options
A Florida DUI charge is complex in nature and carries potential burdensome penalties including Ignition Interlock devices. Our office can thoroughly evaluate your DUI case. This includes breath testing issues, roadside field sobriety testing and DHSMV administrative driver's license ramifications. Getting an early start after a DUI arrest may save you time and money.
Call us for a free consultation at (727) 578-0303 or visit our website dedicated to Pinellas County DUI Defense
The Law Offices of Russo & Russo, P.A.
877 Executive Center Drive West, Suite 112
St. Petersburg, FL 33702
Handling DUI, Criminal Defense, Personal Injury & Social Security Disability.
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