If you are convicted of driving while intoxicated in Florida, you can be ordered by the court to complete a rehabilitation program. Rehabilitation is not required, but it is strongly recommended. If a conviction results in jail time, it will be at least six months before an individual can apply for permission to leave jail for work release or community service hours.
As long as court-ordered rehabilitation is completed and no other alcohol or drug-related offenses are committed, eligibility for an Ignition Interlock Device will be granted when the sentence has been served. The IID must remain in place with zero failures for 12 months from the end of revocation periods before regular driving privileges will be restored (with some exceptions). For example, suppose a person is revoked on March 1 and is given ten months to complete the program with IID reinstated in mid-May. In that case, the person has to complete the entire twelve-month period without any alcohol or drug-related offenses before regular driving privileges will be granted. If a driver commits a new crime while driving on an IID, they must again serve all or part of their sentence as punishment for the new offense.
In addition to DUI and other alcohol-related offenses, each court may order individuals convicted of some drugs related offenses (e.g., marijuana possession or sale) to complete an additional rehabilitation program which could result in extra time imposed by court supervision.
An ignition Interlock Device (IID) is an alcohol and drug sensor that monitors driving time, and if it detects alcohol on the driver’s breath, it prevents the engine from starting. To monitor sobriety, impaired drivers can have IID connected to a vehicle ignition system for twenty-four months, then for ten years after that. When a person’s license is reinstated, their driving privileges are first restricted to some regions where IID is available; eventually, they can be used in all areas of the state.
In addition to DUI and other alcohol-related offenses, each court may order individuals convicted of some drugs related offenses (e.g., marijuana possession or sale) to complete an additional rehabilitation program which could result in extra time imposed by court supervision.
Florida’s IID law allows the installation of an Ignition Interlock Device on a vehicle for six months after any period of revocation of license suspension due to a drug-related offense, including a conviction involving marijuana or a conviction resulting in imprisonment. However, drivers with suspensions due only to DUI convictions do not receive an IID restriction. Drivers can receive an additional six months of IID installation by completing a substance abuse treatment program.
A driver with an IID restriction or “hard-install” restriction is subject to the same rules as a driver with a breathalyzer restriction, which are:
(1) No alcohol consumption for the duration of the reinstatement period.
(2) A breath test before operating a vehicle (or, if a driver chooses to have the ignition interlock on all vehicles driven before driving each vehicle).
If all rules are followed, a driver who has received an IID hard-install restriction can have one month off their required waiting period. A driver who fails to follow all of the rules, but has not been arrested for failing the IID breath test, will receive a warning and be allowed to attend a substance abuse assessment.
Additionally, any driver subject to an IID hard-install restriction may petition the Tax Collector’s office and a judge for early termination of the condition. For example, suppose an individual must drive to travel as part of their job (e.g., truck driver). In that case, they may request that their IID restriction be terminated so long as they can show proof that they have undergone substance abuse treatment with abstinence from alcohol and drugs.
Drivers with an IID restriction, like drivers with a breathalyzer restriction, must complete substance abuse treatment or a substance abuse assessment to have one month taken off of the waiting period.
A driver can be referred for additional specialized treatment if needed as a part of their substance abuse treatment program and assessment. For example, suppose someone has had multiple alcoholic seizures and is still suffering from alcohol withdrawal. In that case, they may be sent to the hospital for continued treatment before being allowed to drive on an IID. Call us at 866-963-7200.
