The requirement to have an interlock device installed in your car if you get a DUI has historically been reserved for cases where the BAC was significantly higher than the 0.08% limit (at .15%) or if the driver was transporting a minor child at the time of DUI arrest. However, there have been pushes for changes to these requirements, and that movement seems to be gaining ground. A recent proposal to make the interlock requirement apply to all first time DUI offenders, even those who do not have a BAC as high as .15% and/or are not driving with a minor in the car, has passed its first hurdle in the State Legislature. If the initiative continues forward, there could be changes coming to the rules that apply to when an interlock is required and when it is not required.
If passed as it stands now, two of the changes to the interlock rules in DUI cases would be as follows:
- A first time offender would be given the chance to withhold adjudication if they make the choice to have the device installed.
- This means upon passage of the probationary term, the Court would be required to release the defendant without having entered a conviction on the charges.
These changes would drastically change the way DUI plea negotiations are entered, and could also change the outcome of a potentially huge number of cases. In order for these new rules to become effective, the proposed bill must go through two more stages of legislative review. If passed, Florida will now be in the majority of states with this type of requirement, as over half of the states in the nation currently have this type of system in place. We know how important it is to you to know what to expect if you are arrested for a crime, especially one that jeopardizes your freedom or ability to drive. We also know there is a lot of information available on the internet, through friends, or from well-intentioned family members and that this information can be hard to sift through to get to the bottom line. That is why we are here to stay on top of any legal changes, and to advise you when needed. Our team of DUI defense attorneys has experience in cases with all sorts of fact patterns, and knows how to help you too.
If you questions about DUI’s and interlock rules, contact an experienced criminal defense attorney in Stuart and the Treasure Coast for answers. Your first visit is a free consultation and we work with you to reach results that fit your needs.