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Must i have a interlock device installed, it was not court ordered. (2nd. dui outside 5yrs)?

Saint Cloud, FL |

dmv says 2yrs. interlock system,fr=44 3yrs. even through i had insurance at the time of arrest.

Attorney Answers 4

  1. Yes, the law requires it on all second offenses.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice.

  2. Driving in the State of Florida is a "right" not a "privilege". As such, the Florida Department of Highway Safety and Motor vehicles can require you to install an ignition interlock device before they will issue you a driver license. Also, the law in the State of Florida requires the device for all individuals that have 2 DUIs within 5 years.

  3. In DUI cases you are prosecuted twice. Once by the state attorney's office, in court. The other prosecution is by the DMV, where your rights are trampled on so badly that it is blatantly unconstitutional. The brilliant theory used to get away with this is the idea that driving is a "privilege, not a right" . I find this offensive because it lessens the respect that people have for the law, is intellectually dishonest, as well as a repudiation of the idea of due process. As long as people can't be bothered to serve on juries, don't vote, and tell lawyer jokes, this is the level of government we get.

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