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?
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.