South Florida Criminal Defense Lawyer Blog
Continuing from my previous blog drunk driving in South Florida, this part covers the installation of in car Breathalyzers or Ignition Interlock Devices. Drunk drivers are on the road daily and as the article on the MADD website states that some of these drivers have prior convictions which makes them habitual offenders. Many persons convicted of driving under the influence are sentenced to follow strict conditions of their sentence. Such as, breathalyzers and /or ignition interlock devices.
What is an in car Breathalyzer or Ignition Interlock Device – it’s about the size of a cell phone and it’s installed into the car’s dashboard. How does it work – the driver must breathe into it and if your Breath Alcohol Content (BAC) is over the state required level the car will NOT start, the driver’s breath must be alcohol free for the car to start. Alcohol content level varies from state to state see Florida Statue for more information.
Having this device installed is often a condition of having your driver’s license reinstated as a result of your DUI conviction, and should you be ordered by the court to have this device installed you will be responsible for the fees of renting and installation. I have also read that it is impossible to “outsmart” the interlocking device, as some devices require the driver make a humming sound while he/she blows into the tube; there is also random tests that the driver will have to take once the vehicle is in motion and that was designed to ensure that it was not the sober friend of the driver that took the initial test allowing the car to start. Should the driver not take the retest the cars lights will flash and the horn will go off until the driver performs the test. Also, should you try to tamper with device it will automatically lock the ignition and it will be recorded in the device’s database, then it will be downloaded by the supplier and turned over to the court. This device is already being used in some states.
As an Attorney practicing in Sunrise, Plantation, Weston, Hollywood and Davie every year we come across cases where someone is accused of driving under the influence. Should you or a loved one be charged or accused of driving under the influence, contact your criminal law attorney to know your rights.