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Twice Daily Breath Tests May Replace Ignition Locks for Habitual DUI Offenders in Florida

Nationwide, drunk driving is a major concern. In fact the National Transportation Safety Board has recently urged all 50 states to lower their BAC to .05 percent. While the state of Florida is yet to follow the NTSB’s recommendation, it is experimenting with a new program that targets habitual DUI offenders.

Currently, an ignition interlock device (IID) is required for certain DUI convictions. For example, if you have a BAC of .15 or above or have a minor in the car, you must install an IID in your vehicle for six months. Subsequent convictions require an IID for a year or more. An ignition interlock device is a piece of equipment installed on your dashboard that requires you to breathe into it before your vehicle engine will start.

New state legislature, however, could result in some major changes that include the following:

  • Judges would have discretion to order IIDs in addition to twice daily breath tests, urinalysis or continuous monitoring devices for multiple DUI offenders (known as a 24/7 Sobriety program in other states).
  • In Jacksonville, a pilot 24/7 Sobriety program was launched in the first week of May.
  • Individuals in Jacksonville who fail breath tests for the first time will go to jail for 12 hours and face 24 hours for a second failure. A third failure would result in incarceration.

For more detailed information on the newly proposed law, consult with a reputable DUI defense firm today.