Ignition Interlock After a Florida DUI: Rules and Costs

An ignition interlock device is a breath tester wired to your car's ignition: the car will not start until you blow a clean sample, and it asks for more samples while you drive. In Florida, whether you have to install one after a DUI depends on the conviction number and the breath result. Section 322.2715 makes it discretionary on a standard first conviction, mandatory for at least 6 months on a first conviction with a breath or blood level of 0.15 or higher or a minor in the vehicle, at least 1 year on a second conviction, 2 years on a second conviction with those aggravators or on any third conviction, and 5 years on a fourth. You pay for it, and the clock does not start until your license is reinstated or restricted. This page covers when the device is required in Sarasota and Manatee County cases, how long it stays, what it costs and how to avoid it.

When the interlock is required

Section 322.2715 tells the Florida Department of Highway Safety and Motor Vehicles to require the device, as a condition of a permanent or restricted license, for these periods:

First conviction, standard case: the device "may" be ordered for at least 6 continuous months. It is in the judge's discretion under section 316.193(2)(c) and is not automatic in Sarasota or Manatee County.
First conviction with a result of 0.15 or higher, or a passenger under 18: at least 6 continuous months, mandatory, under sections 316.193(4)(c) and 322.2715.
Second conviction: at least 1 continuous year under section 316.193(2)(a).
Second conviction with 0.15 or higher or a minor in the car: at least 2 continuous years.
Third conviction, inside or outside the 10-year window: at least 2 continuous years.
Fourth or later conviction: at least 5 years, as a condition of any hardship license.

The device must be installed on every vehicle you own or lease, individually or jointly, and routinely operate. If the court forgets to order it, or orders too short a period, section 322.2715(4) tells FLHSMV to require it anyway at reinstatement.

When the clock starts

The interlock period does not run from your sentencing date. It runs from the day FLHSMV issues your license with the "P" restriction, which happens when you become eligible for reinstatement or for a hardship license after the revocation. On a second conviction within 5 years, for example, the 5-year revocation under section 322.28(2)(a)2 comes first; a restricted license is possible after 12 months under section 322.271(2)(c), and the one-year interlock period starts when that restricted license is issued. People are often surprised that the device can arrive more than a year after the case ended.

The interlock in the DETER program

For first offenders in Sarasota, Manatee and DeSoto County, the State Attorney's DETER diversion program uses the interlock as a program condition rather than a sentence. At Levels 1, 2 and 4 (standard, 0.15 to 0.20, and first refusal), you install an interlock, or continuous alcohol monitoring if you have no vehicle, during the first phase, and keep it for 3 more months at Level 1 or 6 more months at Levels 2 and 4 after the plea to reckless driving. The details are on the DETER program page.

What it costs

FLHSMV does not set prices. Each approved vendor sets its own installation fee, monthly lease and monitoring charge, and removal fee, and section 322.2715 adds a $12 state fee per installation. Published Florida pricing from one major vendor lists the monthly lease at roughly $110 to $135, other vendors charge less or more depending on device features such as a camera or GPS, and installation and removal are separate one-time charges. Over a 6-month order the total is commonly well over $1,000, and over a 2-year order several thousand dollars. If a court finds that you cannot afford the device, section 316.193 allows part of the DUI fine to be directed toward the cost. The FLHSMV-approved providers include Smart Start, Guardian Interlock, Alcohol Detection Systems, Low Cost Interlock and RoadGuard Interlock; the current list is on the FLHSMV website.

How the device works day to day

You blow into the handset to start the car and again at random intervals while driving, pulling over if needed. The device logs every sample, every missed rolling retest and every attempt to start with alcohol on your breath, and the vendor downloads the log at each calibration visit, typically monthly. Mouthwash, some medications and certain foods can produce a reading, which is why vendors tell drivers to rinse with water and wait before blowing. Repeated failed samples, missed service appointments or tampering are reported to FLHSMV and can extend the interlock period or lead to cancellation of the restricted license. If you are in the DETER program or on probation with an interlock condition, a violation report can also become a diversion or probation violation.

Medical waivers and people without cars

Section 322.2715 allows FLHSMV to consider a documented medical condition that would prevent the device from working normally. If a medical waiver is granted for a restricted license, you cannot get that license until the interlock period would have expired, and if it is granted for full reinstatement you must hold an employment-purposes license supervised by a licensed DUI program until the period ends. The waiver removes the device, not the time. People who do not own a vehicle still have the interlock requirement attached to their license and must install one before driving any vehicle they routinely operate.

How to avoid the interlock

The interlock is tied to a DUI conviction under section 316.193. A reduction to reckless driving under section 316.192 carries no interlock requirement under section 322.2715, which is one reason the reduction is worth pursuing even when it costs more effort than a plea. The three ways a first DUI gets reduced in this circuit are explained on can a first DUI be reduced in Sarasota. Where the breath result was 0.15 or higher, section 316.656(2)(a) bars a plea to a lesser offense, so the realistic routes are suppressing the breath result or trying the case; see high BAC DUI and challenging a breath test.

Questions people ask

Is an interlock mandatory for a first DUI in Florida?

Not for a standard first conviction; the judge may order it for at least 6 months but does not have to. It is mandatory for at least 6 months when the breath or blood result was 0.15 or higher or a passenger under 18 was in the vehicle.

I blew a 0.16 on my first DUI. How long is the interlock?

At least 6 continuous months under section 316.193(4)(c), starting when your license is reinstated or restricted. A reduction to a lesser charge is barred at that level by section 316.656(2)(a), so the breath result itself is where the defense has to look.

Does the interlock time run while my license is suspended?

No. The period starts when FLHSMV issues the license with the "P" restriction, not during the revocation.

What happens if the device records alcohol?

The event is logged and reported to FLHSMV through the vendor. One borderline reading rarely matters on its own, but a pattern of failed samples, missed retests or skipped service visits can extend the requirement and, if you are on probation or in DETER, can be charged as a violation.

Can I drive a work vehicle without an interlock?

Section 322.2715 requires the device on vehicles you own or lease and routinely operate. An employer-owned vehicle driven only at work is handled differently by FLHSMV and often requires written employer notice; ask before assuming an exemption applies.

Does a second DUI always mean an interlock?

Yes. Section 316.193(2)(a) requires at least 1 year on a second conviction, and 2 years if the result was 0.15 or higher or a minor was in the car. See second DUI in Florida.

Call or text (941) 920-5514, nights and weekends too, or request a free consultation by phone or video with former prosecutor Daniel D. Nawara. For how the license side of the case works, see hardship license after a Florida DUI.