Frank Russo & Marc Pelletier
Attorneys at Law
Free Consultations
(727) 578-0303

Defending Pinellas County
Clients Charged With:

• DUI

• Driving While License Suspended or Revoked

• Violation of Driver's License Restrictions

All Felony and Misdemeanor Offenses

How does an ignition interlock device work?

The standard ignition interlock device is an in-car breath screening apparatus that requires the driver to pass a breath-alcohol test before his motor vehicle will start.  Typically, it is located inside the passenger compartment, near the driver’s seat, and hard wired to the engine’s ignition system. NHTSA standards require that a minimum of 1.5 liters of breath be introduced through the mouthpiece and run through the instrument before the alcohol content is measured. Once the driver blows into a mouthpiece, the device will determine if his breath alcohol concentration (BrAC) exceeds the pre-set limit of .05 BrAC or greater.  If the driver’s BrAC exceeds the prohibited level; the ignition interlock will effectively prevent the vehicle from being started. 

Where will the ignition interlock device be installed in the vehicle?

A concern for many people is where the device will be located when installed in their car or truck.   Typically, the interlock is mounted underneath the dash.  Installation will often be dictated by the style and interior design of the vehicle.

Is there more than one type or model of ignition interlock device?

There are several manufacturers and models. Some ignition interlock devices implement a “rolling test.” This means that after successfully starting the vehicle, some interlock models may call on the driver to blow again after he has driven some distance or time. This feature is used in all approved Florida Interlock devices.

Alcohol Countermeasure System's Interlock model WR2 (one of the devices approved for use in Florida) is manufactured to require such a "rolling test" within a randomly variable interval ranging from 5 to 30 minutes. The device is even capable of multi-lingual display messages that request the driver's continued cooperation. This "rolling test" feature is intended to thwart the driver from having someone else blow into the device to get the vehicle started. ACS refers to this as prohibited "curbside assistance." It is also intended to prevent the driver from consuming alcohol while actually operating the motor vehicle.

What happens if the ignition interlock device detects alcohol during a rolling test?

If a driver fails to provide a breath sample or the driver’s BrAC exceeds the pre-set limit during a “rolling test”, the device will issue a warning (typically by sounding an alarm) and record the event onto an internal computerized data log. Depending on the particular model of ignition interlock installed, the device may activate specific alarm systems, such as the flashing of the headlights or the honking of the horn until the vehicle’s ignition is turned off.  Under no circumstances will the ignition interlock device completely shut down the vehicle once it has been started. Nevertheless, the activated alarm systems are designed to draw attention to the car and the driver.

Would anyone be able to discover if my BrAC exceeded the pre-set limit? 

Florida ignition interlock devices contain a computer chip that records the date, time, and BrAC of the driver each time a breath sample is obtained. Additionally, most models are capable of later producing a printout for authorities that reflect this same information.  These printouts can then be provided to the DHSMV, probation officers, or Judges after the data is downloaded periodically.  So, if a driver with an ignition interlock device attempts to operate his vehicle after consuming alcohol, it could presumably violate his probation and/or jeopardize his continued driving privilege.

What kind of information is recorded on the “Data Log”?

All ignition interlock systems have a device that records breath test information. This “data” can then easily be downloaded to access a great variety of information. 

The data log tells the reader the time and dates that the driver attempted to start the vehicle.  It  also provides corresponding breath test results.  If there was a “rolling test”, the data log will indicate the status of that test and whether any further action was taken. 

If there is an attempt to tamper with the interlock device it will show up on the data log along with the time and date.  The data logs can serve as incriminating evidence that could form a basis for a violation of probation or termination of driving privileges. The data log memory capacity of Alcohol Countermeasure System's model WR2 is 10,000 events. The company indicates that this is typically enough to allow for normal use of the device over a period of 67 days. If the log reaches 90% capacity, the device will activate a service reminder. All data in the events log is recorded in an encrypted form. As a result, downloading requires proprietary ACS software. 

ACS and LifeSafer are required to perform monthly maintenance and diagnostic routines on all installed interlock devices. They are also required to maintain records of the pass/fail results. Within one business day of performing this function they must report to DHSMV any evidence of the following events:

1. The altering, tampering, bypass, or removal of the interlock device;

2. Failure of the participant to appear for a monitoring visit;

3. Any lockouts that occurred for a high BrAC, a BrAC failure, a retest failure, or a power interruption;

4. Any indication of non-compliance, such as the participant's failure to submit to a random or retest;

5. Data reflecting that the participant attempted to start the vehicle while under the influence. 

Will I be required to have an ignition interlock device installed on my car?

Florida Statutes §316.193 mandates that upon conviction for DUI, the Court shall, in certain circumstances, order the driver to have an ignition interlock device installed prior to their permanent or restricted drivers license reinstatement.

The following persons are subject to the ignition interlock requirement:

After a 1st time DUI conviction if the driver’s breath or blood alcohol level at the time of his original DUI offense registered a .15 or greater. F.S. §316.193(4).

After a 1st time DUI conviction if a person under 18 years of age was a passenger in the vehicle at the time of the original DUI offense. F.S. §316.193(4).

All multiple offenders seeking reinstatement. F.S. §316.193(2)(a)(3).

• Click here to read our article on the availability of Hardship Licenses for Multiple Offenders.

• Click here to read our comprehensive article on DUI Hardship License Tips.

How long will I be required to have an ignition interlock device installed in my car?

For a first time DUI conviction, (where there was a .15 BrAC or greater, or in the alternative, the defendant had a passenger in his vehicle under eighteen years of age), the court shall for a period of up to six months, order the installation of an ignition interlock device at the Defendant’s sole expense on all vehicles in the Defendant’s name or in joint name with another person, at the time he qualifies for a permanent or restricted license. Florida Statute §316.193(4)(c).

For a second conviction the interlock device must be installed at the Defendant’s sole expense on all vehicles in the Defendant’s name or in joint name with another person, at the time he qualifies for a permanent or restricted license, for a period of at least one year. F.S. §316.193(3).

For a second conviction (where there was a .15 BrAC or greater or in the alternative the defendant had a passenger in his vehicle under eighteen years of age), the interlock device must be installed at the Defendant’s sole expense on all vehicles in the Defendant’s name or in joint name with another person, at the time he qualifies for a permanent or restricted license, for a period of at least two years. F.S. §316.193(4)(c).

Upon a third conviction, regardless of the age of the prior, the court shall for a period of not less than two years order the installation of an ignition interlock device at the Defendant’s sole expense on all vehicles in the Defendant’s name or in joint name with another person, at the time he qualifies for a permanent or restricted license. F.S. §316.193(2).

What if I decide not to have an Ignition Interlock installed in my vehicle?

If your DUI  conviction mandates an Ignition Interlock installation (Certain first time offenders & all multiple offenders) then DHSMV will never reinstate your privilege to drive until such time as you show compliance.

Your problem can not be resolved by simply waiting out your full period of suspension prior to making application for your drivers license reinstatement. Unless and until you show supporting documentation that confirms installation of an approved Interlock device, you will not be eligible for drivers license reinstatement on either a restricted (hardship license) or fully reinstated (unrestricted) basis. 

In the vast majority of cases, installation of an Interlock device is not a condition of probation, but rather a necessary prerequisite to drivers license reinstatement. Therefore, although a person might successfully serve out their probationary sentence without having first secured an Ignition Interlock, their failure to have the device installed will nevertheless forever preclude their ability to lawfully operate a motor vehicle. 

"Just because the law requires installation of the device, does not mean that everybody is going to comply." - Attorney Frank Russo, St. Petersburg Times, "Car Lock Will Stall Drunken Drivers" December 17, 2003

If I have an Ignition Interlock installed in my car to qualify for my license reinstatement, but I am later caught by the police driving another vehicle that is not  properly equipped with such a device, what are the ramifications?

When you have your privilege to drive reinstated after an Ignition Interlock installation, the front side of your Florida Drivers License will reflect a “P” restriction. 

Stated simply…it is a criminal offense if you operate a motor vehicle in violation of your drivers license restriction. You are subject to immediate arrest and the possible impoundment of your car. A conviction in court for this offense includes penalties that may entail fines, probation or incarceration within the county jail. (Florida Statute Section 322.273) Consequences likewise include the revocation of your privilege to drive. In other words, if the Department determines that you abused your restricted driving privilege, by getting caught operating a vehicle that was not properly equipped with an Interlock device, they will more than likely revoke your driving privilege.

If you have been caught operating a vehicle without an ignition interlock device in Pinellas County, we can help!

Our office represents a large number of clients who come to us charged with a "violation of their drivers license restriction."

In some cases, we are able to avoid convictions for this offense through plea negotiations with the State Attorney’s Office. There are other times when we can raise defenses associated with the illegality of the initial traffic stop of our client’s vehicle. Even in the worst of circumstances, we might urge the Judge to impose a particular sentence, but at the same time, “withhold the formal adjudication of guilt,” that would otherwise cause your restricted license to become revoked. 

If you are arrested or charged in Pinellas County with the offense of “Violation of Drivers License Restriction,” you should call our office for a free consultation at (727) 578-0303.

We can discuss the facts of your case and the options you may have. Our office well understands that the primary objective of most clients is for their attorney to make every effort to secure a final outcome in their court case that will: 

1. Not jeopardize employment; and

2. Allow continued lawfully operation of a motor vehicle.

Who will pay for the cost of installing and maintaining an ignition interlock device in my vehicle?

As with most DHSMV provisions, the driver is the one who will bear the cost of installing and maintaining an ignition interlock device. The cost for installation is $150.00 (however, this includes the first month's lease payment). There could be an additional installation surcharge of $50.00 if your vehicle runs on diesel fuel or if a service light is lit at the time of the interlock installation. Some hybrid cars are not capable of having the device installed. A determination of the suitability of your hybrid vehicle for the installation of the interlock will be made by the interlock technician. Monthly monitoring, data downloading, and calibration fees are $76.15.  There is no charge to have the interlock device removed from your vehicle, so long as you successfully completed the statutorily prescribed period of time. However, removal of the device in those circumstances where the driver failed to comply with the interlock program requirements will incur an additional $135.00 charge.

What if I cannot afford to pay for an ignition interlock device?

When enacting ignition interlock legislation, Florida lawmakers recognized the high cost associated with these devices.  In an effort to make ignition interlocks more affordable, Florida Statute §316.1937(2)(d), has a provision written into it that may provide some relief.  The court can make an inquiry as to whether the defendant in fact cannot afford the cost of the ignition interlock system.  If the court determines that the person truly cannot afford these costs, then the Judge has the authority to order that any standardized fines otherwise associated with the DUI offense be allocated to defray the costs of installation.   Essentially, a portion of the fines and court costs that the defendant would normally pay might be used toward the expenses associated with the installation and maintenance of this device.

What can I expect the installation process to entail?

The installation process generally takes a couple of hours. It also includes training in the use of the device for participants and for those interested family members who may also operate the Interlock equipped vehicle.

 
A service representative will teach you 
how to operate your Interlock device with 
a demonstration unit. You will also watch 
a helpful video presentation.

If I am required to have an ignition interlock installed in my vehicle... where do I go in Pinellas or Hillsborough County for this service?

Appointments for installation in Pinellas and Hillsborough Counties are secured by first calling the central customer service center at: 
                                         (407) 207-3337. 

                     The Pinellas and Hillsborough County 
                     installation centers are displayed below:

Largo Location Interlock Systems of Florida Live Oaks Center 9225 Ulmerton Road, Suite Q Largo, FLorida	Tampa Location Interlock Systems of Florida 56th Commerce Center 5434 56th Commerce Park Blvd. Tampa, Florida

Other Southern Region Installation locations

ORLANDO

INTERLOCK SYSTEMS OF FLORIDA. Inc.               
5852 South Semoran Blvd
Orlando, FL 32822-4816

PALM BEACH

INTERLOCK SYSTEMS OF FLORIDA. Inc.
3599 23rd Avenue South, Bay 7
Lake Worth, FL 33461

FORT LAUDERDALE

INTERLOCK SYSTEMS OF FLORIDA. Inc.
3774 NW 16th Street
Lauderhill, FL 33311

MIAMI

INTERLOCK SYSTEMS OF FLORIDA. Inc.
13208 SW 131st Street
Miami, FL 33186

FORT MYERS

INTERLOCK SYSTEMS OF FLORIDA. Inc.
13850 Treeline Avenue South, Suite 3
Fort Myers, FL 33913

THE KEYS

INTERLOCK SYSTEMS OF FLORIDA. Inc.
12693A Overseas Highway
Marathon, FL 33050

For a Northern Region Installation:

Visit: LifeSafers Interlock, Inc.

Why did the Legislature pass mandatory ignition interlock laws?

There is a strong argument that can be made that the use of an ignition interlock device greatly reduces the risk of recidivism (See next FAQ). Thus, greater safety on our highways was obviously a motivating force behind these new laws. However, an investigation by our office revealed the following three factors we believe may have greatly contributed to the passage of Florida’s Ignition Interlock legislation.

1. Florida wanted to avoid losing valuable Federal-Aid Highway Funds.

In 1998, the United States Federal government passed the Transportation Equity Act of the 21^st Century (TEA-21).  This act directed states to pass particular DUI legislation directed at drivers with more than one DUI or face the loss of Federal-Aid Highway Funds.  A subsequent modification of TEA-21 occurred through the TEA-21 Restoration Act.  Section 164 of this later legislation specifically directed states to require ignition interlock devices.  Accordingly, those states without ignition interlock laws stand to lose a portion of their Federal-Aid Highway funds.

2. Strong lobbying efforts on the part of the ignition interlock industry.

Mandatory ignition interlock devices in Florida represent a great opportunity for those businesses that employ this unique trade. See: New drunk law spawns biz opportunities. Business Weekly. August 9, 2002 American Business Journals Inc.

3. Public recognition of both Senators and Representatives

Any positive recognition is deemed beneficial to those hopeful to remain in public office.  Such is the case when on June 11, 2002, the Hillsborough County Florida Chapter of MADD publicly honored Senator Locke Burt, Representative David Simmons, and Representative Johnnie Byrd for sponsoring the bill that enacted Florida’s new ignition interlock legislation. One publication we reviewed speculated that the media probably required wide angle lenses to photograph Governor Bush (and the numerous supporters of the bill) when the Governor actually signed the ignition interlock legislation into law. 

Is the ignition interlock device effective in reducing DUI offenses?

The National Institute on Alcohol Abuse and Alcoholism found that there is clear evidence that the ignition interlock device, installed in the offender’s vehicle, is substantially more effective than license suspension in deterring DUI recidivism. It also found a direct correlation between the amount of time the device was required in the vehicle and the number of times the driver was re-arrested for a new DUI offense.

The American Journal of Drug and Alcohol abuse published an extensive study entitled Blow and Go: The Breath Analyzed Ignition Interlock Device as a Technological Response to DUI, Volume 29, Issue 1. This 3-year recidivism study of the ignition interlock revealed 17.5% recidivism rates for the interlock group compared to 25.3% recidivism rates for the non-interlock group, a 31% decrease. Multiple offenders and younger (under 30 years of age) offenders had significantly lower rates of subsequent arrests. The multi-offenders in the comparison group were more than twice as likely as the interlock group to have a subsequent conviction within 3 years. The difference was nearly the same for the under 30 age group. There was almost no difference for first offenders.

The International Council on Alcohol Drugs and Traffic Safety likewise published a position paper in July of 2001 on this subject. Their study concluded that “breath alcohol ignition interlock devices, when embedded in a comprehensive monitoring and service program lead to 40-95% reductions in the rate of repeat DWI offenses of convicted DWI offenders.”

The University of Maryland, in it’s 1997 report entitled “The Effects of Alcohol Ignition Interlock License Restrictions on Multiple Alcohol Offenders: A Randomized Trial in Maryland” also addressed the issue of recidivism rates among ignition interlock users.  For the study, Maryland researchers randomly assigned a group of over 1,300 repeat DUI offenders to either continue alcohol treatment or treatment coupled with an interlock program.  After a year, the study concluded that only 2.4 percent of those in the interlock program committed an alcohol related offense.  The violation rate of the group not using the ignition interlock devices was 6.7 percent, almost 3 times as high as the other group.  One of the Maryland researchers commented that being in the interlock program reduced the risk of committing an alcohol related offense in the first year by about 65 percent.

The National Highway Traffic Safety Administration concluded that  attaching an interlock to a car for a year after its operator is convicted of driving while intoxicated would reduce recidivism by an estimated 75% and alcohol-related fatalities by 7%.

Has the legality of mandatory ignition interlock devices been challenged in Court?

Numerous states already require ignition interlock devices for DUI offenders.  Over the years the constitutionality of such laws have been challenged before the courts.  For instance, on March 6, 2002 the Superior Court of Pennsylvania affirmed a lower court’s ruling that ignition interlock devices do not violate equal protection.  Requiring such devices to promote public safety was found by the Court to be “reasonably related” to keeping intoxicated drivers of the road.  Commonwealth v. Etheredge, 794 A.2d 391, (PA Super, 2002).

Are there ways to violate Florida’s ignition interlock laws?

If you have an ignition interlock device installed in your vehicle, it is clearly unlawful to tamper with the device. Florida Statute §316.1937(6)(a). It is also a violation of the law to have someone else blow into it for the purpose of starting the vehicle.  In fact, merely “requesting” or “soliciting” someone else to blow into the device is a violation of Florida law.  Florida Statute §316.1937(6)(b).

It is also a criminal offense if you blow into an ignition interlock device for someone else for the purpose of starting their vehicle.  F.S. §1937(6)(c). Likewise, it is against the law to simply lend your unequipped vehicle to someone whom you know is operating under an ignition interlock restriction. F.S. §1937(6)(d).

Can an ignition interlock device be “Cheated” or “By-Passed?”

Ever since ignition interlock devices were introduced, there have been motorists who have attempted to cheat the system into believing that the driver is under the pre-set limit required to start the vehicle.

Some offenders have solicited friends or relatives to blow into the ignition interlock. Other drivers implemented methods utilizing “stored” clean breath samples  (within balloons). In the alternative, homemade filtration devices were employed in an effort to remove incriminating alcohol from the breath sample prior to it entering the interlock breath tube. 

Ignition interlock manufacturers continue to modify and improve their products to thwart such efforts. Control modules are hardwired to the vehicle in a tamper resistant fashion. Likewise, most machines now require a breath pressure in excess of that afforded by a balloon. The WR2 for example, has several features designed to screen out bogus breath samples. One of these features, called "humtone recognition", involves having the driver blow continuously for three seconds, then adding a "hum" to the blow for the balance of the test. The entire sample must be provided without any interruption to the flow of air. This requirement is designed to confirm that the sample is being legitimately produced by a human being and not through a mechanical or otherwise alternative artificial source. One manufacturer even claims that a voice recognition system built into their interlock prevents offenders from cheating the system by having someone else blow into the machine. 

ACS standard installation procedures incorporate other tamper resistant features. These include:

1. The soldering of all wire connections;

2. The use of tamper-proof screws;

3. Heat shrink material that covers all connections with proprietary printing;

4. Proprietary sensing systems designed to reject bogus breath samples and to uncover filtered or disguised breath test samples;

5. Recordation of any time that power to the unit was disconnected or interrupted; and

6. The use of a tachometer signal to determine if the engine is running. (Not voltage sources, air lines, or alternator signals.).

A warning label is even affixed to each device that reads: "Any person tampering, circumventing or otherwise misusing this ignition interlock system is guilty of a violation of law and may be subject to civil liability."

Alcohol Countermeasure Systems has contractually agreed with the Florida DHSMV to perform their work in such a manner that the customer or any other unauthorized personnel are prohibited from even watching the installation, servicing, or downloading of information from the data log. They have also agreed to ensure that unauthorized personnel cannot gain access to secure parts and materials. (Statement of qualifications and services offered ITN number 023-03 Ignition Interlock Device Program, Alcohol Countermeasure Systems Corp. Paragraph 5.1.4 Services and monitoring requirements subsections (m), (o), and (q).) 

DHSMV is apparently so concerned about any breach in the integrity of the ignition interlock program that they have insisted that all installers and personnel working at the service centers submit to both a criminal record and drivers license background check. DHSMV reserves the right to reject for use in the project any employee of ACS or LifeSavers (and their subcontractors) who have a criminal record. 

What if I am required to drive my employer’s vehicle at work, will I need to get an ignition interlock installed on the company vehicle?

Florida ignition interlock legislation has a statutory provision that allows people in these limited situations to drive without the necessity of installing an ignition interlock device on a company vehicle.  However, in order to take advantage of this employee exemption the driver must satisfy two requirements.  First, that the owner (Company/Employer) be notified of the restriction.  Second, that the business entity, which owns the vehicle, must not be owned or controlled by the same person whose driving privileges has been so restricted. If these conditions are met, the driver must carry an affidavit from the employer attesting to proof of the notification and employment nature of the vehicle. Florida Statute §316.1937(7).

If you need an affidavit for this purpose, our office can draft and notarize a document that will comply with the Florida Statutes and enable you to lawfully operate a vehicle owned by your employer that is not equipped with an ignition interlock device.

How has the state of New Mexico impacted Interlock Legislation?

New Mexico has been struggling for years with alcohol related crashes. It had the sixth highest rate in the nation for alcohol-related highway deaths in 2003. In that year alone, there were 213 fatalities and 3,500 alcohol-involved crashes.

Given this problem, New Mexico has clearly led the nation with Ignition Interlock legislation. Approximately 2,600 offenders a year have been ordered by the New Mexico courts to get an interlock device. As such, New Mexico has more Interlocks currently installed per capita than any where else in the country.

And that number is set to increase dramatically. All convicted drunken drivers — nearly 13,000 annually — will be required to get interlocks under a new law Gov. Bill Richardson recently signed.

Because of this radical legislation, New Mexico is the first state to require that everyone convicted of DUI be required to install an Ignition Interlock device in their vehicle. Upon signing the new bill into law, the Governor stated:

"We will never again be criticized for doing too little about DWI. New Mexico now has the most comprehensive Ignition Interlock Law in the world."

Seated at the microphone is New Mexico’s Governor Bill Richardson.                        
The Governor’s strong endorsement of Ignition Interlock devices has
resulted in New Mexico being at the forefront of Interlock legislation.
New Mexico represents the first state to insist on Ignition Interlocks
for everyone convicted of DUI.

This Website Courtesy of:

Pinellas County DUI and Criminal Defense