Ignition Interlock
If a person takes a breath test and blows greater than.15, or is convicted of a second (or subsequent) DUI, the Dept. Of Motor Vehicles will require an ignition interlock system to be installed in any car that person owns or regularly operates. The minimum term is 6months, and the maximum is 2 years. The Department decides how long it will be required, without any input from the driver, or their attorney. The general guidelines are 6 months for a first DUI, .15 or greater, and at least 1 year for a second or subsequent DUI.
The device is hooked up to the starter wire of the car. To start the car, the driver will blow and receive a reading of “pass” or “warn”. Unless the judge orders otherwise, less than .051 counts as “pass” (ie: one glass of wine should not cause a person to fail, unless the Court ordered “no consumption of alcohol” as part of the probation conditions, or if the Department has determined that is the case.) The device will retest after 5 minutes, then randomly retest once within 15-45 minutes and, if the car is still in operation, again within the next 15 to 45 minutes. If the reading is not correct, (ie: higher than allowed by the device), the driver must pull over and TURN OFF THE CAR! After a 5 minute “lockout” period, the driver can try to start it again, then again, after 30 minutes. If the reading is still too high, it is recorded as a “violation.” This is then reported to DMV, who keeps track of this, as they check the device monthly. (Explained in greater detail, below.) Depending on the type of violation, the driver may be required to take another school, have time added to the ignition interlock requirement, or have the hardship license revoked entirely.
A “Violation” is event such as: 2 Breath Tests above the fail point upon start up, failure to provide a rolling re-test, rolling re-test above the fail point or tampering. If device goes into violation, it counts down 5 days, during which time the car must be brought to the service center for inspection. If the car is not brought in by the 5th day, the car will no longer start.
In Brevard County, the cost of installation and the first month of service is $150. After that, the driver must pay $76 per month (this fee includes $5 insurance). There is no removal fee, but there is a $135 fee for early termination. A person might “terminate early,” if they sold the car, went to jail, or couldn’t afford to continue the program. In that event, (unable to continue the program) the driver would be required to surrender their license until they could re-start the program. However, if the driver is off the program for more than 60 days, none of the “time served” counts, and the driver must start over.
INSTALLATION: If you have a breath test reading where we are quite certain that you will need this device, I recommend you call to make the installation appointment for the afternoon on the same day as we do the hardship hearing, and make sure we do the hearing in the morning. This way, if you are approved for the hardship license, you have the installation appointment all lined up, get the device installed that same day, then return either to the office where we did the hearing for the hardship license, or to any driver’s license office, to obtain the hardship license. No hardship license will be issued until the installation facility has confirmed, via entry into their computer, that the device was installed. I recommend calling early for the appointment to help you obtain your hardship license as soon as you are eligible, because it seems to take 1-2 weeks to get the appointment when you call. Actual installation time depends on the vehicle, but generally allow 3 hours. You will be watching a video and reading a handbook while waiting. Maintenance appointments are supposed to take only 15-30 minutes.
After the initial installation, you are required to return every 30 days, for 3 months, then, if there have been no violations, and have been in compliance, and are not on any other supervision, (such as probation), you are able to pay for 2 months’ maintenance fee, and return every 60 days, until the ignition interlock period is complete. However, if there are violations, you will lose this “60-day option.” The client/driver is the only authorized person to bring the car in for maintenance. At the completion of the maintenance appointment, you will schedule the next appointment.
FOR THE INITIAL INSTALLATION, you must first call 866 837 8646.
The Melbourne Interlock Systems office is located at 733 North Drive. Their number is 321-242-9020.
There is a detailed description of the ignition interlock device, including photographs, located at – www.acs-corp.com