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?
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). (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, 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 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