Orlando, FL asked in DUI / DWI for Florida

Q: In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction?

In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no where in the final judgment did the court order the placement of the ignition interlock device but the DMV is requiring him to have the interlock device. Can the DMV require it without a court order?

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2 Lawyer Answers
Shiobhan Olivero
Shiobhan Olivero
Answered
  • DUI & DWI Lawyer
  • Brandon, FL
  • Licensed in Florida

A: Yes, the DMV can require it since the blow was above a .15, and there was not a separate order entered by the court stating the blow was deemed to be below .15 and that an ignition interlock is not required. The DMV does consider court orders stating this information in considering whether or not to require an ignition interlock be installed as a condition of reinstating a driver's license.

Jonathan Blecher and Tom Murphy agree with this answer

1 user found this answer helpful

Jonathan Blecher
Jonathan Blecher
Answered
  • DUI & DWI Lawyer
  • Miami, FL
  • Licensed in Florida

A: I agree with Ms. Olivero's response. Despite your attorney's efforts to secure a plea to a DUI, you might ask her/him/them to go back to the judge and secure a specific order clarifying the sentence. You'll need to get that to the Bureau of Administrative Reviews. Here's a link: https://www.flhsmv.gov/locations/

1 user found this answer helpful

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