In January, our office wrote about how the National Highway Traffic Safety Administration was pushing lawmakers throughout the country to pass legislation that mandates Ignition Interlock for anyone convicted of a DUI offense. See: NHTSA Pushes for Interlock Devices for all DUI Offenders. It seems that our politicians in Tallahassee are listening.
The Proposed Legislative Changes Revolve Around the Role of Ignition Interlock Devices in DUI Enforcement.
In December of 2009, Florida Senate – 2010: SB 924 was filed in the Florida Senate. The proposed legislation provides for a mandatory 6-month ignition interlock period for a first time DUI offender upon conviction. If you have a BAC over .15 then the length you must have an ignition interlock device is doubled to one year. To ensure compliance, the bill would require anyone convicted of a DUI to obtain a license which clearly indicates that the driver may only operate a vehicle with an ignition interlock device.
The legislation recognizes that some people may attempt to circumvent the ignition interlock device by asking a sober friend or bystander to blow into the device. An offender who is found guilty of manipulating the system in this manner will be subjected to an additional 3-6 months of ignition interlock time, as a penalty.
If enacted into law, the vehicle interlock provisions in the bill would become active on January, 1, 2011.
How much does an Ignition Interlock Device Cost?
Under current Florida law, the ignition interlock device is funded solely by the DUI offender, except in the case where the offender is unable to pay. The proposed legislation would clearly define this very limited exception. To determine a person’s inability to pay, the court would look at their eligibility for representation by a public defender or their eligibility to receive food stamps. Consequently, the vast majority of DUI offenders will have to personally bear the costs of the Interlock Device.
According to the DHSMV, the monthly maintenance fee for an interlock device is $67.50. This does not include the installation fees, or applicable taxes. The total cost of a 6-month ignition interlock period is approximately $500. The cost of an ignition interlock device adds to the already substantial burden from the mandatory fines and penalties associated with a DUI conviction.
Ignition Interlock Devices for all DUI Offenders is Part of a Wider Trend.
Currently, 13 states (Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Utah, and Washington) have enacted laws that either require or highly incentivize a convicted DUI offender with a BAC over .08 to place an ignition interlock on their vehicle. All 13 states enacted their ignition interlock laws within the past 5 years. This trend is likely to continue if the additional penalties in those states can be linked to less DUI recidivism and decreased alcohol-related traffic fatalities.
The anti-DUI advocacy group, “Mothers against Drunk Driving,” MADD, promotes increased penalties for DUI defendants throughout the country. MADD is in support of mandatory ignition interlock sanctions for every person convicted of a DUI, regardless of BAC.
See the MADD chart detailing the current role of Ignition Interlock Devices in the DUI law of the 50 states.
If the senate bill becomes law, then Florida would be added to the growing list of states that impose ignition interlock devices on all persons convicted of a DUI.
If you have been charged with a DUI call us for a free consultation at (727) 578-0303.
Our Related DUI Links:
Pinellas County DUI Law Website
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