YOU HAVE 30 DAYS FROM THE DATE OF THE DMV LETTER TO FIGHT THE DMV IF THEY IMPOSE THE INTERLOCK WITHOUT A COURT ORDER.
Do not delay. Contact
an experienced attorney as soon as possible!
Recently, the Department of
Motor Vehicles has begun to require the imposition of an interlock device in the vehicles of those convicted of Driving under
the Influence.
There is a possibility that this requirement is incorrect. If you were convicted of a DUI between
July 1, 2002
and July 1, 2003
AND the Judge did not order the imposition of an interlock device in your car, then the DMV CANNOT impose that requirement.
316.1937 Ignition interlock devices, requiring;
unlawful acts.—
In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193 shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition
interlock device certified by the department as provided in s. 316.1938, and installed in such a manner that
the vehicle will not start if the operator's blood alcohol level is in excess of 0.05 percent or as otherwise specified
by the court. The court may require the use of an approved ignition interlock device for a period of not less than 6 months,
if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted,
as determined by the court. The court, however, shall order placement of an ignition interlock device in those circumstances
required by s. 316.193.
If the court imposes the use of an ignition interlock
device, the court shall: (a) Stipulate on the record the requirement for, and the period of, the use of a certified ignition
interlock device. (b) Order that the records of the department reflect such requirement. (c) Order that an ignition interlock
device be installed, as the court may determine necessary, on any vehicle owned or operated by the person. (d) Determine the
person's ability to pay for installation of the device if the person claims inability to pay. If the court determines
that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the
person for a violation of s. 316.193 shall be allocated to defray the costs of installing the device. (e) Require proof of
installation of the device and periodic reporting to the department for verification of the operation of the device in the
person's vehicle.
If the court imposes the use of an ignition interlock device on a person
whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to
the department within 30 days. If the person fails to provide proof of installation within that period, absent a finding by
the court of good cause for that failure which is entered in the court record, the court shall notify the department.
If
the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for
a period of less than 3 years, the department shall require proof of compliance before reinstatement of the person's driving
privilege.
(a) In addition to any other provision of law, upon conviction of a violation of this section the
department shall revoke the person's driving privilege for 1 year from the date of conviction. Upon conviction of a separate
violation of this section during the same period of required use of an ignition interlock device, the department shall revoke
the person's driving privilege for 5 years from the date of conviction. (b) Any person convicted of a violation of subsection
(6) who does not have a driver's license shall, in addition to any other penalty provided by law, pay a fine of not less
than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine
shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s.
316.3025(4).
(a) It is unlawful to tamper with, or to circumvent the operation of, a court-ordered
ignition interlock device. (b) It is unlawful for any person whose driving privilege is restricted pursuant to this section
to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with
the device for the purpose of providing the person so restricted with an operable motor vehicle. (c) It is unlawful to blow
into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable
motor vehicle to a person whose driving privilege is restricted pursuant to this section. (d) It
is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted as
provided in this section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person
whose driving privilege is restricted under a condition of probation requiring an ignition interlock device shall notify any
other person who leases or loans a motor vehicle to him or her of such driving restriction.
Notwithstanding
the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of his or her employment
and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition
interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification
is with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned
or controlled by the person whose driving privilege has been restricted.
In addition to
the penalties provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
