5 Quick Facts About Rolling Retests and Your Florida IID
If you’ve been convicted for Driving Under the Influence (DUI) in Florida, there are some scenarios in which you might be ordered to install an ignition interlock device (IID) on your vehicle. A judge may require an IID for your first drunk driving conviction, but it may also be a factor for subsequent DUIs or in the presence of aggravating factors – such as a minor in the car or a blood alcohol concentration (BAC) of .15 percent or more. As you may be aware, the IID involves technology that prevents your vehicle from starting if it detects alcohol above a certain limit when you blow into it.
What you may not know is that the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), which oversees the IID system, also mandates “rolling retests.” It’s understandable that you have questions and concerns about the concept, and a Florida DUI defense lawyer can provide more details. However, some basic information may be helpful.
- Rolling retests are random: Once you start your car legally and get moving, you’ll also need to provide a sample at random intervals as set by the IID. You can’t predict when the IID will trigger a retest, as the point is to ensure you don’t start drinking alcohol after you initially start the engine. You’ll know that it’s time to blow into the mouthpiece because the IID will sound an alert.
- A rolling retest will be recorded: If you ignore the alert to provide a sample for the rolling retest, the IID will make a note of the failure and transmit it to FLHSMV. Plus:
- An alarm will sound after three minutes, which is much louder and attention-grabbing than the beep you hear when you need to retest; and,
- Your vehicle’s lights may flash and the horn may sound off until you pull over.
- You don’t have to stop to do the rolling retest: The effort involved with a rolling retest is minimal, so you can blow into the IID while driving in most conditions. However, if traffic or weather creates challenges, you may opt to pull over.
- The threshold for a rolling retest is quite low: The BAC for purposes of your IID is far lower than the legal limit in Florida, which is .08 percent. If you record anything more than .025 percent – either at the initial start up or during a rolling retest – you’ll receive a lock out.
- You’ll receive a violation letter for noncompliance: In addition to being locked out, FLHSMV will also send a letter regarding your failure to comply with the rolling retest. You’ll have the opportunity to respond, but there may be penalties for a violation.
Consult with a Florida DUI Defense Attorney Regarding Your Case
The best way to avoid the IID requirement is to fight drunk driving charges using any defense that may be available in your case. By retaining a knowledgeable lawyer, you can take advantage of strategies to fight the charges and obtain a favorable outcome after being arrested for DUI. To learn more about your options, please contact Fort Lauderdale DUI attorney Kevin J. Kulik. We can answer your questions and set up consultation at our office.
https://www.kevinkuliklaw.com/the-new-pot-breathalyzer-and-how-it-affects-florida-dui-laws/
