Category: Traffic Offenses · Statute: F.S. 316.1937-316.1938 · Source: Florida Legislature
Understanding Ignition Interlock Device (Detailed) in Florida
In Florida, an Ignition Interlock Device (IID) is a vehicle breathalyzer wired directly into a driver’s ignition system, governed primarily by Section 316.1937 of the Florida Statutes. Before the engine can start, the driver must blow into the device to measure their breath alcohol concentration (BrAC). If the device detects alcohol above a pre-set limit—typically 0.025%—the vehicle will not start. To ensure the driver remains sober while on the road, the IID also requires random "rolling re-tests" at timed intervals while the vehicle is in motion, giving the driver a few minutes to pull over safely or blow while driving.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) mandates IID installation for specific DUI convictions, including first-time offenses with a blood-alcohol level of 0.15% or higher, or if a minor was in the vehicle. It is also strictly required for all second and subsequent DUI convictions. The driver is solely responsible for all associated costs, including professional installation, monthly calibration, and final removal. Tampering with the device, bypassing it, or having a sober passenger blow into the mouthpiece to start the vehicle are separate criminal offenses under Florida law.
How an IID Affects Florida Bail and Pretrial Release
During the initial first appearance hearing, a Florida judge may order the installation of an Ignition Interlock Device as a mandatory condition of pretrial release or bail. This is especially common in cases involving repeat DUI charges or serious felony DUI offenses involving bodily injury. Under these supervised release conditions, the defendant must install the IID on their vehicle at their own expense and submit proof to the court or pretrial services before they are permitted to drive while their criminal case is pending.