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 Accurate is an ignition
interlock device?
Ignition
interlock devices utilize either "fuel cell" or "gas
sensor" technology. As such, they are less accurate than the
intoxilyzer machines used by law enforcement. Intoxilyzers employ a somewhat
more discriminating science called "infrared spectrometry."
However, even the accuracy of intoxilyzer testing falls far short of blood
testing. This more exact science makes use of a laboratory process known as
"gas chromatography. "Gas chromatography" reports only
the ethyl alcohol present in the sample. Whereas, these lesser testing
methods are non-specific for ethyl alcohol and have to be careful
with improperly detecting other irrelevant methyl alcohol-like substances.
For a more in-depth analysis of breath versus blood testing see
our
article: Your
Right to an Independent Blood Test.
You can also learn about a unique flashlight designed to enable law
enforcement to "sniff" out otherwise undetected alcohol from
within a motorist's vehicle by reading our article on the
Passive
Alcohol Sensor
Which
ignition interlock devices are approved for use in Florida?
Listen to the audio
recording of Governor Bush and
his Cabinet’s formal approval of the ignition interlock device on
12/16/03. The Governor reveals apparent surprise and concern about the
high fees motorists will be forced to pay for the leasing and
maintenance of this machine. However, a DHSMV representative assures
the Governor that his approval of the device will safeguard Florida’s
much-needed Federal highway funds.
An "intent to award" contract was
subsequently issued to Alcohol
Countermeasure Systems Corp. (ACS). However, on 9/2/03 DHSMV drafted a letter to
the Clerk's of Court explaining that the contract had been formally
"protested" by a competing interlock provider who had lost in the
earlier bidding process. As a result, the implementation of Florida's
Ignition Interlock Program was delayed beyond the anticipated 9/1/03
start-up date. Subsequent mediation in September 2003 resulted in a second provider,
Livesafer Interlock, Inc. to offer its device and services exclusively
within certain designated Florida Counties.
The ignition interlock
models that were ultimately selected for use in Florida were required to
meet standards
published in the Federal Register, Volume 57, No. 67, page 11772 by the
National Highway Traffic Safety Administration. In this regard, ACS offers its model WR2
Interlock Device for participants in Florida's Ignition Interlock
Program. It is interesting to note that in a previous DHSMV certificate
dated May 24, 2000, the WR2 was found to fully comply with Rule 15A-9
of the Florida Administrative Code and Federal Regulatory Specifications.
Thus, this same ACS device had previously been approved for use by Florida Judges back
when ignition interlock installation was only a "discretionary"
sentencing option.
An administrative review process commenced in the case of Lifesafer
Interlock, Incvs. DHSMV,
Case No: 03-2726BID. On 9/17/03 successful mediation in this case resulted
in an agreement whereby Alcohol Counter Measures, Inc. and Lifesafers
Interlock, Inc. would both provide interlock service within certain
designated exclusive areas of the state. That agreement was subsequently
approved by Ella Jane P. Davis, Administrative Law Judge and sets forth the
following designated counties for each Ignition Interlock provider:
Ignition Interlock Service
Providers in the State of Florida
Lifesafer Interlock, Inc. to
Service North Region:
Alachua, Baker, Bay, Bradford, Calhoun,
Citrus, Clay, Columbia, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden,
Gilchrist, Gulf, Hamilton, Hernando, Holmes, Jackson, Jefferson, Lafayette,
Lake, Leon, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Putnam, Santa
Rosa, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton,
Washington
Alcohol Countermeasure Systems,
Inc. to Service South Region:
Note:
Alcohol Countermeasure Systems operates under the trade name of “Interlock Systems of Florida.”
Brevard, Broward,
Charlotte, Collier, Dade, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough,
Indian River, Lee, Manatee, Martin, Monroe, Okeechobee, Orange, Osceloa,
Palm Beach, Pasco, Pinellas, Polk,
Sarasota, Seminole, St. Lucie