If when I was charged with my third DUI the judge didn’t order the interlock system, can the state now make me install one?

UPDATED: Feb 23, 2015

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If when I was charged with my third DUI the judge didn’t order the interlock system, can the state now make me install one?

Even though the judge didn’t order it in the sentence?

Asked on February 23, 2015 under Criminal Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Was the third conviction within 10 years of the prior conviction? If the answer is yes then I think that it is mandatory so why the Judge did not order it is unclear.  And why the prosecutor did not demand it is also unclear.  And if you apply for a restricted license for work you would need to get one as well. So I think that the answer will be yes to this. Here is the law:

Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

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