Frank Russo
Attorney at Law
Free Consultations
(727) 578-0303
 

Defending Clients 
Charged with:

• DUI

• Driving While License Suspended or Revoked

• Violation of Drivers License Restrictions

All Felony and Misdemeanor Offenses

What is an ignition interlock device?

Its appearance looks innocent enough. A passerby might even conclude that the driver is simply holding a cell phone with a power cord connected to the dashboard cigarette lighter outlet. But... the driver knows otherwise. 

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.  Once the driver blows into a mouthpiece, the device will determine if his breath alcohol concentration (BrAC) exceeds a pre-set limit.  If the driver’s BrAC exceeds the prohibited level; the ignition interlock will effectively prevent the vehicle from being started. Florida Administrative Code  15A-9.005(2) provides: "The devices alcohol setpoint shall be 0.03% w/v, with a virtual lockpoint of 0.05% w/v."

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 Attorney Frank Russo's 
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 Attorney Frank Russo's article on the Passive Alcohol Sensor

Which ignition interlock devices are approved for use in Florida?

Background & History

On June 27, 2003 the Florida Department of Highway Safety & Motor Vehicles scheduled a public meeting to evaluate final proposals by ignition interlock vendors. The records of the Department reflect that formal bid solicitations were received from six different vendors. (reference bid # 023-03 Ignition Interlock Device Program) Click here to review Alcohol Countermeasure Systems bid transmittal letter. Click here to review Alcohol Countermeasure Systems ninety-seven page bid which includes details concerning the history and qualifications of the company, their equipment, proposed installation, service, and monitoring standards.  

An "intent to award" contract was subsequently issued to Alcohol Countermeasure Systems Corp. (ACS). (To review the "Notice of intended award" and "Scoring sheet for evaluation of their proposal" click here.) 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, Livesaver 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 Lifesaver Interlock, Inc  vs. DHSMV Case No: 03-2726BID. On 9/17/03 successful mediation in this case resulted in an agreement whereby Alcohol Counter Measures, Inc. and Lifesavers 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:

Lifesaver 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

South in Blue:  (Alcohol Countermeasure Systems, Inc.)