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Is there a statute maximum on DUI SENTENCING?

Jacksonville, FL |

I want to know all the maximums but also this interlocking mech, is it a penalty from the courts or DMV? how many years is maximum allowed to sentence?

Attorney Answers 5

Posted

It depends upon your priors.

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Posted

Florida Statute 316.193. go to www.flsenate.gov and scroll down to statutes, click on statutes and find 316.193 there

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Posted

Ignition interlock devices, or IID, are required as part of a DUI sentence in several circumstances. A first DUI conviction, with a breath/blood alcohol level of .15 or above, or with a minor in the vehicle requires an IID as a precondition to the issuance of a restricted or unrestricted license. Subsequent convictions can result in IID placement for 2 years.

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship.

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Posted

The ignition interlock device (IID) is a penalty which is imposed by the Court at sentencing, but enforced by the Department of Highway Safety and Vehicles (DHSMV). The maximum number of years is typically 2, which is the statutory requirement for a third (or subsequent) DUI conviction. For a first-time DUI, there is no IID requirement unless the DUI is enhanced by a breath test result over .15 or a person under 18 being in the car. If a first-time DUI is an enhanced DUI, the minimum mandatory time period that can be imposed is 6 months. For a second DUI, there is a mandatory one year IID requirement, but the Court has discretion to impose a longer period. I recommend reading Florida Statute 316.193(2) and 316.193(4) for the the exact IID requirements.

Hope that helps.

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Posted

As noted by the others, there are certain situations where the Court must impose an ignition interlock. However, if you are convicted of a DUI, the Court always has the authority to impose an ignition interlock requirement for an indefinite period of time (note the Statute only says "not less than six continuous months" without giving a maximum.)

316.1937 Ignition interlock devices, requiring; unlawful acts.—
(1) In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193 shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device certified by the department as provided in s. 316.1938, and installed in such a manner that the vehicle will not start if the operator’s blood alcohol level is in excess of 0.05 percent or as otherwise specified by the court. The court may require the use of an approved ignition interlock device for a period of not less than 6 continuous months, if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as determined by the court. The court, however, shall order placement of an ignition interlock device in those circumstances required by s. 316.193.

So to answer your question, the law does not set a maximum period of time for which an ignition interlock requirement may be imposed, but, in certain situations, there is a minimum period of time during which a person convicted of a DUI must have an interlock. Probably not the answer you want to hear! A skilled DUI defense attorney in the county in which you were arrested can likely point out mitigating factors to the Court to minimize the amount of time during which the Court will order that you use an interlock.

Best of luck,
Tim Sullivan

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