Do I have to put a breathalyzer in my car if I get a DUI in South Florida?
If it’s your first DUI conviction in Florida, you might have to get a breathalyzer in your car - but maybe not. If it’s your second, third or fourth DUI conviction in Florida, you will definitely be getting a breathalyzer installed in your car.
If you were just convicted for your first DUI charge in Florida and if you blew less than a 0.150 on the breathalyzer - or refused the breathalyzer test - then you most likely will not need to get a breathalyzer or an ignition interlock device installed in your car.
If it is your first Florida DUI (Driving Under the Influence) Charge, but you consented to a breathalyzer test during your DUI and your blood alcohol content was above 0.150, then you will be required to install the breathalyzer or ignition interlock device on your car for 6 months if you’re convicted of the DUI.
If it’s your second DUI conviction in Florida - you will be required to get a breathalyzer / ignition interlock device installed in your car. Depending on the circumstances of your Florida DUI case, you will likely need to have the device installed for either 1 or 2 years.
What is an ignition interlock device?
Ignition interlock devices are mechanical devices that attach to a car to ensure that the driver hasn’t been drinking alcohol before driving.
Before the vehicle's motor can be started, the driver must first give a breath sample by breathing into the device. If the results show that the driver has alcohol on his or her breath, the device prevents the engine from being started - therefore, it will not allow you to drive while intoxicated.
Ignition Interlock requirements for Florida DUI convictions
- First DUI Conviction: An ignition interlock / breathalyzer can be required on any DUI if it is court ordered. Realistically, you will likely not be ordered to install one if you refused a breath test, or if your BAC was below 0.15.
- First DUI Conviction with BAC above 0.15, or if a minor is in the car: If you gave a breath test and your BAC was .15 or higher, or if you had a minor in the car at the time of the offense - the driver must use an interlock for at least six months.
- Second DUI Conviction: An ignition interlock is required for a minimum of 1 year for a BAC below 0.15. If BAC was 0.15 or higher, or a minor was in the car - the driver will have an ignition interlock / breathalyzer for at least 2 years.
- Third DUI Conviction: Driver will have a minimum of 2 years using an ignition interlock system.
- Fourth DUI Conviction: At least 5 years of using an ignition interlock system for the driver.
If you’ve been arrested for a DUI in Florida, get our FREE booklet (instant download!) to learn the “ 7 Rules you need to Survive a Florida DUI “. You can also call our office to schedule a free consultation.
LEARN MORE ABOUT FLORIDA DUI CHARGES