Category: Traffic Offenses · Statute: F.S. 316.1937 · Source: Florida Legislature
Understanding Ignition Interlock Device in Florida
In Florida, an Ignition Interlock Device (IID) is a vehicle-mounted breathalyzer wired directly to the ignition system. Under Florida Statute Section 316.1937, the court orders the installation of an IID as a mandatory condition of probation for specific driving under the influence (DUI) offenses. Before the vehicle can be started, the driver must blow into the device; if the system detects a breath alcohol concentration (BrAC) of 0.025% or higher, the engine will not start. To prevent drivers from having someone else blow into the device to start the car, the system requires random "rolling retests" at set intervals while the vehicle is in motion.
The requirement for an IID is determined by the specifics of the DUI conviction. While a judge has the discretion to order an IID for any first-offense DUI, Florida law mandates its installation for at least six months for a first offense if the driver had a blood alcohol level of 0.15% or higher, or if a minor was in the vehicle. For a second DUI conviction, the IID is mandatory for at least one year, and this requirement increases to two consecutive years for a second conviction with a blood alcohol level of 0.15% or higher, or for any third DUI conviction. The driver is solely responsible for all costs associated with the installation, monthly leasing, and data monitoring of the device.
How Ignition Interlock Devices Affect Florida Bail and Pretrial Release
During the pretrial phase, a Florida judge may order the installation of an Ignition Interlock Device as a supervised condition of bond or pretrial release, particularly for defendants facing second-offense or felony DUI charges. Under Florida Statute Section 903.047, judges have broad authority to impose release conditions to protect the public. If ordered as a condition of bail, the defendant must install the IID on their vehicle at their own expense while the criminal case is pending. Violating this condition by failing to install the device, tampering with it, or registering a positive alcohol reading can result in the immediate revocation of bail and a return to custody.