What can I do if it’s been 5 years since I received a DUI and the DMV still insists that I still get an interlock device?

I haven’t had the money since then to buy a until now. However, the DMV says that in order to get my license back I have to have a interlock device. Since it’s been 5 years and I can’t afford to have something like that once a month, is there any way I can appeal this?

Asked on March 11, 2014 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a mechanism, like a breathalyzer, installed on a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver first must exhale into the device; if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration (which varies between countries), the device prevents the engine from being started.

At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to prevent someone other than the driver from providing a breath sample. If the breath sample isn't provided, or the sample exceeds the ignition interlock's preset blood alcohol level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking) until the ignition is turned off, or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability.

Answer: Unfortunately the time to appeal has run based upon the 5 years that you have mentioned. I suggest that you consult with an attorney in your locality with experience in DUI matters. One can be found on attorneypages.com.


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