I received a 2nd dui in 2004. I waited 5 yrs for my license to be cleared of revocation but the DMV tells me that I still have to get an interlock system installed in my vechicle because of a Florida state law passed in 2006. I didn't receive any information stating that my sentencing has changed. Am I still required to have this system installed and if not how do I go about rectifying the situation?
Criminal Defense Attorney
The DMV is a powerful agency in that it is difficult to not do what they say and still have a license. The DMV, as an administrative agency, works in the realm of "regulations," which are laws by any other name except that they are spawned by the executive branch, not the legislative, but remain constitutional because they are ultimately reviewable by the judicial branch - got that?
I am not precisely sure of what the DMV and Florida Statutes say about your exact circumstance. The regulations and Fla. St. 322.271, I think, grant the agency vast powers that many disagree with. I do believe that you are entitled to a hearing by the DMV, where they attempt to police their own actions and which are rarely successful for the petitioner, and ultimately any hearing result can be appealed to the circuit court for judicial review. How's that for separation of powers?
I have clients that refused to blow, as is their fundamental 5th amendment right, were never convicted of their DUI charge, and then were refused license reinstatement after the mandatory suspension period because they didn't take the DUI class as the DMV required. What to do - either take the darn class or go the hearing and appeal route.
I think you should consult with an attorney fully versed in DMV administrative law and hearings, and be prepared to have that attorney file an appeal with circuit court when you lose.
In the meantime, if you want to drive legally, you may just have to play the game by their rules and keep the interlock device active.
Criminal Defense Attorney
The DUI interlock program started in 2002, but the '02 laws seemed to be years ahead of the technology. I agree with the answer above that you should hire a local attorney versed in challenging the DMV in such matters, but it's been my experience that the DMV is not willing to overrule themselves too often....
For a second time DUI, the interlock is mandatory for a minimum of 1 year, but if there’s a BAL greater than .15, the mandatory is for at least two years. Again, if there’s a passenger under age 18 in the vehicle, it’s a mandatory two years minimum interlock. The fact that you've completed your probation is irrelevant, as the dmv mandates kick in due to the conviction, not due to probation or court order.
Check out my website for further interlock info, and good luck,
DUI / DWI Attorney
I believe even though your suspension is up you are going to have to place the ignition interlock device on your car. I do not believe the DMV will reinstate your licnese until you have that device installed.
Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
Or call your local bar office 727-507-4405