If you’ve been charged with a DUI in the state of Florida, you likely have a few questions on your mind, especially if it’s your first offense. What happens when you get a DUI in Florida? Do you need legal counsel? Will you have to go to court? What about potential penalties?
First off, know that you’re not alone. It’s natural to have questions about the laws and processes surrounding DUIs. And, by learning about these laws and policies, you’ll be better equipped to move forward in the legal process.
In particular, if you’re wondering, is a DUI a felony in Florida, this guide is for you.
While a DUI can sometimes be considered a felony in Florida, it ultimately depends on a number of factors. Below, we’ll walk you through the conditions under which a DUI is considered a misdemeanor and a felony charge, as well as the penalties that come along with each type of conviction and the differences between various types of felony DUIs.
DUIs in Florida: Conditions that Determine Misdemeanors and Felonies
In the state of Florida, a DUI can be charged as either a misdemeanor or a felony. In most cases, a first or second offense will be charged as a misdemeanor, while further offenses sit in a gray zone, able to fall into either category depending on severity.
For instance, a third conviction of a DUI in a ten-year period will result in a felony charge of the third degree. After those ten years, a third offense will no longer be charged as a felony, but it will carry a heavier penalty in terms of potential jail time and fines.
Additionally, it’s important to note that a fourth DUI conviction in the state of Florida will result in a third-degree felony regardless of when the previous offenses took place. Any Florida DUI past the fourth is also charged as a felony in the third degree regardless of conviction history.

What are the Possible Penalties for a DUI in Florida?
The penalties for a DUI in Florida depend on a number of factors: how many prior convictions the driver has, when those prior convictions occurred, the driver’s level of impairment, and the degree to which other people were involved in the impaired driving incident.
Regardless of conviction history, a Florida DUI will result in the driver serving twelve months of probation and fifty hours of community restitution, as well as undergoing a substance use evaluation, with the potential for mandatory attendance at a treatment program.
Any DUI offense will also result in the vehicle in question being impounded for between ten and ninety days, depending on the number of previous offenses. More specifically:
- A first conviction will result in a ten-day impound
- A second conviction will result in a thirty-day impound
- A third conviction will result in a ninety-day impound
The remaining penalties for your DUI offense will also depend on how many prior convictions you have.
First Offense
A first DUI conviction in Florida carries potential consequences of1:
- Between $500 and $1,000 in fines
- Up to six months in prison
The above penalties apply if the driver’s blood alcohol content (BAC) exceeds 0.08% or if the driver has otherwise impaired faculties. If the driver’s BAC exceeds 0.15% or if the driver is accompanied by a minor under the age of 18 at the time of the offense, the penalties are different, as detailed below:
- Between $1,000 and $2,000 in fines
- Up to nine months in prison
A higher BAC or accompaniment by a minor would also require the driver to install an Interlock Device on their vehicle for a period of six months. Additionally, a first offense will include between 180 and 365 days of license suspension. If you fail to follow this, there are also Ignition Interlock violation penalties in Florida you should be aware of.
Second Offense
A second DUI conviction carries penalties of:
- Between $1,000 and $2,000 in fines
- Up to nine months imprisonment
- Mandatory installation of an Ignition Interlock Device for one year on any vehicles owned or leased by the driver
Again, a BAC in excess of 0.15% or the presence of a minor during the commission of the DUI are aggravating factors and create the potential for stricter penalties:
- Between $2,000 and $4,000 in fines
- Up to twelve months in prison
A second conviction with a 0.15% or higher BAC or accompanied by a minor will result in an Ignition Interlock Device installation requirement of two years and a license suspension of 180 days to five years depending on recency of the first offense.
Third Offense
A third conviction within ten years qualifies as a third-degree felony. Penalties include2:
- A fine of between $2,000 and $5,000
- Up to five years imprisonment, with a mandatory thirty days jail time
- Two years of having an Ignition Interlock Device installed on the vehicle
A third DUI outside of the ten-year window does not qualify as a felony. This misdemeanor charge carries possible penalties of:
- A fine of between $2,000 and $5,000
- Up to twelve months imprisonment
- Two years with an Ignition Interlock installed on the vehicle
For either a felony or misdemeanor third DUI conviction, the presence of aggravating factors like higher BAC and minor involvement increase the minimum fine from $2,000 to $4,000.3
A third conviction of a DUI will also result in a license suspension of between 180 days and more than ten years, depending on recency of previous convictions.
Fourth or Subsequent Offense
Regardless of when the fourth conviction occurs in relation to previous offenses, it will result in a third-degree felony. The penalties are the same as those for a felony third conviction, with the exception of:
- A five-year Ignition Interlock period
- The potential for permanent driver’s license revocation
Other Sentencing Considerations
In instances where a driver’s license is revoked, the driver may apply for a hardship license if driving is necessary for work or school purposes. A hardship license requires completion of a DUI school program and use of an Ignition Interlock Device.4
Other situations that may result in adjusted sentencing include:
- If the DUI causes property damage or some amount of injury to a person, it will be charged as a first-degree misdemeanor conviction, which carries a penalty of a $1,000 fine and up to a year of jail time.
- If the DUI causes serious bodily injury, it will result in a third-degree felony conviction and carry a fine of up to $5,000 and a prison sentence of up to five years.
- If the DUI involves a crash resulting in the death of a person or unborn child, the driver may be charged with a second-degree felony and DUI manslaughter or vehicular homicide. This conviction carries a minimum sentence of four years in prison and a maximum of fifteen, as well as up to $10,000 in fines.
- If the driver is aware of the crash in the instance of a DUI manslaughter and fails to inform authorities or render aid, it becomes a first-degree felony.1 This can result in up to thirty years in prison, as well as a maximum $10,000 fine.
What Level Felony is a Felony DUI in Florida?
As described above, a DUI can result in a felony conviction in Florida if:
- It’s the driver’s third conviction in a ten-year period
- It’s the driver’s fourth or subsequent conviction
- It results in serious bodily injury
- It results in death, qualifying as DUI manslaughter or vehicular homicide
A third, fourth, or subsequent DUI conviction are third-degree felonies. DUI manslaughter and vehicular manslaughter are second-degree felonies. If the driver is aware of the crash and fails to inform authorities or render aid, it becomes a first-degree felony.
How Long Does a Felony DUI Stay on Your Record in Florida?
A DUI will stay on your record for seventy-five years in the state of Florida, with no chance for expungement.5
However, a second DUI is only subject to increased penalties if committed within five years of the first. Similarly, a third DUI is only subject to felony-level penalties if committed within ten years of the last.
However, after three DUIs, the penalties will be the same for this felony conviction.
Choose Smart Start for Your Ignition Interlock Solutions
If you’ve been convicted of a DUI, you may be required to install an Ignition Interlock Device in your vehicle. When it comes to Florida Interlock providers, Smart Start is the best option. Here’s why:
- Unparalleled experience – We’ve been in the business for over 30 years and have helped over one million customers complete their sentences.
- Easy-to-use interface – Smart Start’s sleek design makes it easy to provide a breath result and return to driving safely.
- A commitment to accuracy – We make sure to provide you with accurate Breath Alcohol Content (BrAC) readings to help you complete your Ignition Interlock requirement.
We also offer affordable pricing options and 24/7 customer support so that you can smoothly coast to the end of your involvement with the legal system.
Reach out today to learn how we can help you or to book your Interlock installation.
Sources:
- Florida State Legislature. The 2023 Florida Statutes § 316.193 Driving under the influence; penalties. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
- Florida State Legislature. The 2023 Florida Statutes § 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.082.html
- Forbes Advisor. Florida DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/florida-dui-laws/
- Florida Highway Safety and Motor Vehicles. Florida DUI and Administrative Suspension Laws. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
- Forbes Advisor. How Long Does a DUI Stay on Your Record? https://www.forbes.com/advisor/legal/dui/how-long-does-dui-stay-on-record/
Penalties for a Second DUI in Arizona: Protecting Your Future
Facing the prospect of a second DUI charge can be daunting. Even though you’ve been through the process before, you might have heard that penalties are harsher for repeat offenses.
While this is true, understanding exactly what lies ahead can help give you peace of mind. After all, knowledge is power; and DUI laws are no exception. By understanding the laws and penalties that apply to a second DUI conviction in Arizona, you’ll be better equipped to navigate the legal landscape and emerge on the other side as efficiently as possible.
To that end, let’s explore the penalties for a second DUI in Arizona convictions.
Is a Second DUI a Misdemeanor or a Felony?
Is DUI a felony in Arizona? The good news is that in most cases, a second DUI conviction in Arizona will result in a Class 1 misdemeanor, much like a first offense. However, it’s important to note that although the classification is the same, a second conviction within seven years of the first will result in greater penalties.
The penalties for a second DUI in Arizona consist of1:
If the first offense took place more than seven years ago, then the second DUI will be treated as a first offense, which will result in less jail time, smaller fines, and a shorter period of license suspension.
Extreme DUI
Penalties for second DUIs in Arizona can also be impacted by the unique circumstances surrounding the DUI. For instance, in cases where a driver’s blood alcohol content (BAC) exceeds 0.15%, they can be charged with driving under extreme influence.3
This would still qualify as a misdemeanor, but the DUI penalty is slightly more severe, consisting of 120 days of jail time instead of the previously mentioned ninety.
Can a DUI Be Dismissed in Arizona?
A DUI will rarely be dismissed entirely in the state of Arizona. The only instances in which this may occur would be in the case of:
However, upon sentencing in a misdemeanor DUI case, the judge may offer a suspended sentence if the driver attends a drug and alcohol screening, education, and treatment program. If the judge pursues this option, the minimum jail time will also be reduced from ninety to thirty days.
Additionally, while your DUI likely won’t be dismissed, it won’t be considered in future legal proceedings once seven years have passed. Does this mean it’s effectively erased from your record?
Unfortunately, your DUI will always remain on your driving record, regardless of how many years it’s been. However, you can apply for a “set aside” after completing a treatment program. This will result in an official acknowledgment of relief on your record.4
What Makes a DUI a Felony in Arizona?
While a second DUI offense is generally charged as a misdemeanor in Arizona, it can be charged as a felony if it qualifies as an aggravated DUI. In fact, any aggravated DUI will be charged as a felony in Arizona, even if a first offense.
An aggravated DUI occurs if:
If your DUI has any of these characteristics, you may be charged with a felony DUI. However, if this is only your second time facing this process, you’re less likely to be charged with an aggravated DUI.
How Long is Your License Suspended for a DUI in Arizona?
According to ARS § 28-1381, Arizona’s misdemeanor DUI statute, a second DUI conviction within seven years results in a one-year loss of driving privilege.
In certain cases, you can apply for a Restricted Driver Permit.5 This will allow you to drive for essential purposes, such as to and from work or school as long as you make use of an Ignition Interlock Device and have served ninety days of your license suspension already. There are also options for an Arizona Interlock early removal.
In addition, you will need to comply with court-ordered alcohol and drug treatment programs, provide proof of financial responsibility, and have no outstanding fees or legal action pending on your record.
Trust Smart Start for Your Ignition Interlock Device Needs in Arizona
Once you’ve successfully navigated the legal process for your second DUI in Arizona, the next step in returning to a normal driving routine is installing an Ignition Interlock Device on your vehicle. And that’s where Smart Start comes in.
Our experienced technicians will get you driving quickly and safely with fast and easy installation of our accurate Arizona Interlocks. Then, we’ll ensure you stay compliant with reliable ongoing maintenance whenever you need it.
Contact us to schedule your IID installation today.
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Is a DUI a Felony in Florida? Navigating the Legal Landscape
If you’ve been charged with a DUI in the state of Florida, you likely have a few questions on your mind, especially if it’s your first offense. What happens when you get a DUI in Florida? Do you need legal counsel? Will you have to go to court? What about potential penalties?
First off, know that you’re not alone. It’s natural to have questions about the laws and processes surrounding DUIs. And, by learning about these laws and policies, you’ll be better equipped to move forward in the legal process.
In particular, if you’re wondering, is a DUI a felony in Florida, this guide is for you.
While a DUI can sometimes be considered a felony in Florida, it ultimately depends on a number of factors. Below, we’ll walk you through the conditions under which a DUI is considered a misdemeanor and a felony charge, as well as the penalties that come along with each type of conviction and the differences between various types of felony DUIs.
DUIs in Florida: Conditions that Determine Misdemeanors and Felonies
In the state of Florida, a DUI can be charged as either a misdemeanor or a felony. In most cases, a first or second offense will be charged as a misdemeanor, while further offenses sit in a gray zone, able to fall into either category depending on severity.
For instance, a third conviction of a DUI in a ten-year period will result in a felony charge of the third degree. After those ten years, a third offense will no longer be charged as a felony, but it will carry a heavier penalty in terms of potential jail time and fines.
Additionally, it’s important to note that a fourth DUI conviction in the state of Florida will result in a third-degree felony regardless of when the previous offenses took place. Any Florida DUI past the fourth is also charged as a felony in the third degree regardless of conviction history.
What are the Possible Penalties for a DUI in Florida?
The penalties for a DUI in Florida depend on a number of factors: how many prior convictions the driver has, when those prior convictions occurred, the driver’s level of impairment, and the degree to which other people were involved in the impaired driving incident.
Regardless of conviction history, a Florida DUI will result in the driver serving twelve months of probation and fifty hours of community restitution, as well as undergoing a substance use evaluation, with the potential for mandatory attendance at a treatment program.
Any DUI offense will also result in the vehicle in question being impounded for between ten and ninety days, depending on the number of previous offenses. More specifically:
The remaining penalties for your DUI offense will also depend on how many prior convictions you have.
First Offense
A first DUI conviction in Florida carries potential consequences of1:
The above penalties apply if the driver’s blood alcohol content (BAC) exceeds 0.08% or if the driver has otherwise impaired faculties. If the driver’s BAC exceeds 0.15% or if the driver is accompanied by a minor under the age of 18 at the time of the offense, the penalties are different, as detailed below:
A higher BAC or accompaniment by a minor would also require the driver to install an Interlock Device on their vehicle for a period of six months. Additionally, a first offense will include between 180 and 365 days of license suspension. If you fail to follow this, there are also Ignition Interlock violation penalties in Florida you should be aware of.
Second Offense
A second DUI conviction carries penalties of:
Again, a BAC in excess of 0.15% or the presence of a minor during the commission of the DUI are aggravating factors and create the potential for stricter penalties:
A second conviction with a 0.15% or higher BAC or accompanied by a minor will result in an Ignition Interlock Device installation requirement of two years and a license suspension of 180 days to five years depending on recency of the first offense.
Third Offense
A third conviction within ten years qualifies as a third-degree felony. Penalties include2:
A third DUI outside of the ten-year window does not qualify as a felony. This misdemeanor charge carries possible penalties of:
For either a felony or misdemeanor third DUI conviction, the presence of aggravating factors like higher BAC and minor involvement increase the minimum fine from $2,000 to $4,000.3
A third conviction of a DUI will also result in a license suspension of between 180 days and more than ten years, depending on recency of previous convictions.
Fourth or Subsequent Offense
Regardless of when the fourth conviction occurs in relation to previous offenses, it will result in a third-degree felony. The penalties are the same as those for a felony third conviction, with the exception of:
Other Sentencing Considerations
In instances where a driver’s license is revoked, the driver may apply for a hardship license if driving is necessary for work or school purposes. A hardship license requires completion of a DUI school program and use of an Ignition Interlock Device.4
Other situations that may result in adjusted sentencing include:
What Level Felony is a Felony DUI in Florida?
As described above, a DUI can result in a felony conviction in Florida if:
A third, fourth, or subsequent DUI conviction are third-degree felonies. DUI manslaughter and vehicular manslaughter are second-degree felonies. If the driver is aware of the crash and fails to inform authorities or render aid, it becomes a first-degree felony.
How Long Does a Felony DUI Stay on Your Record in Florida?
A DUI will stay on your record for seventy-five years in the state of Florida, with no chance for expungement.5
However, a second DUI is only subject to increased penalties if committed within five years of the first. Similarly, a third DUI is only subject to felony-level penalties if committed within ten years of the last.
However, after three DUIs, the penalties will be the same for this felony conviction.
Choose Smart Start for Your Ignition Interlock Solutions
If you’ve been convicted of a DUI, you may be required to install an Ignition Interlock Device in your vehicle. When it comes to Florida Interlock providers, Smart Start is the best option. Here’s why:
We also offer affordable pricing options and 24/7 customer support so that you can smoothly coast to the end of your involvement with the legal system.
Reach out today to learn how we can help you or to book your Interlock installation.
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Arizona Interlock Early Removal: A Guide
If you’re convicted of driving under the influence (DUI) in Arizona, your vehicle will be mandatorily equipped with an Ignition Interlock Device—even if it’s your first time.1
Ignition Interlock Devices (IIDs) test your Blood Alcohol Concentration (BAC) via breathalyzer before allowing you to start your engine. They’ll then ask you for samples at random intervals as you drive to ensure ongoing sobriety.2
Generally, the state mandates Interlock Devices for a period of 12 months following a DUI—though, it could be longer for serious or repeat convictions. However, in Arizona, Interlock early removal is possible.3
This guide will outline the necessary criteria and steps you can take to have your Interlock Device taken off early in Arizona—sometimes, as soon as six months after it’s installed.
Who’s Eligible For Early Interlock Removal in Arizona?
If you meet certain conditions and follow specific guidelines, the state of Arizona may allow you to remove your Ignition Interlock early.
First and foremost, individuals with multiple convictions cannot have their Interlocks removed before the initially established date. To be eligible for early removal, it must be your first such violation.4
On top of this Interlock requirement, Arizona has several other stipulations that must be met before someone convicted of a DUI is eligible for early Interlock removal. For the Arizona Department of Transportation (ADOT) to consider an applicant, they must4:
If all these conditions are met, the ADOT can consider your case and choose to terminate your Interlock period early. In fact, you may be eligible to have your Interlock taken off as early as six months after it’s installed if you meet the necessary conditions and the ADOT chooses to show leniency with your case.4
If your device is removed, the following six months will become a probationary period. If you commit more driving-related infractions during this probation period, the ADOT may choose to reinstate or extend its use period.4
Can the ADOT Prolong An Interlock Use Period?
Along with shortening Interlock sentences for proper behavior, the ADOT can also choose to extend use periods for repeated violations. Some acts that may prolong your Interlock term include4:
For those hoping to have their Interlock Devices removed early, any of these actions will negate that possibility. If you meet the qualifications for early removal, however, you can apply to the ADOT so that they can consider your case.
How to Apply For Early Interlock Removal in Arizona
If you’re convicted of a DUI in Arizona, taking swift action can help reduce the amount of time you’ll need to use an Interlock Device. As soon as you receive your sentence, you should:
If you meet the conditions and it’s been at least six months since your Interlock was installed, contact the ADOT’s Motor Vehicle Division (MVD) to apply for early device removal. You can chat with them via the ADOT’s website, in person at MVD locations, or over the phone.6
Trust Smart Start For Your Arizona Interlock Needs
If you’re convicted of a DUI in Arizona, getting an Ignition Interlock Device put in your vehicle is mandatory. This means you’re responsible for choosing a qualified provider to install, maintain, and, eventually, remove your device.
To ensure your service is timely and reliable, choose the expert team at Smart Start. We’ve been providing Ignition Interlock Devices for over 30 years and have helped over one million IID users meet the terms of their sentences.6
If you’re looking for Arizona interlocks that are meticulously maintained and easy to use, fill out our simple online form or call (800) 831-3299 to get started and see for yourself the exceptional level of service we provide.
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What Happens When You Get a DUI in Florida: From Arrest to Resolution
If you’re arrested for Driving Under the Influence (DUI) in Florida, it’s important to educate and prepare yourself for the potential consequences. The results of a DUI can vary depending on the seriousness of the infraction, how many convictions you have, and other determining factors.
Ultimately, each DUI scenario is unique and so are their consequences.
In this guide, we’re unpacking what happens when you get a DUI in Florida. From the moment of arrest to the legal ramifications, we’ll cover everything you should know following a DUI incident.
What Happens Right After a DUI in Florida?
If you’re pulled over in Florida for driving with “impaired faculties” or a blood or breath alcohol level of .08 or above, you can be charged with a DUI.1 The severity of the consequences is based on:
For first time DUI infractions, the outcome of a DUI may be less serious than for those who have received previous convictions.
Will I Go To Jail For My First DUI in Florida?
It is possible to receive jail time for your first DUI conviction in Florida—the decision to incarcerate someone convicted of a DUI is up to the discretion of the courts. They can sentence someone to1:
Sentences may be served in an alcohol or drug abuse treatment, state prison, or mix of the two.
Imprisonment, however, isn’t necessarily certain following your first DUI conviction. There are several other forms of punishment that the state may assign depending on the specifics of your case.
What Happens If I Get a DUI in Florida?
Besides jail time, there are several other potential repercussions for a DUI case under Florida law. Even one DUI charge can result in a myriad of legal ramifications, and you may be subject to any or all of them:
The state of Florida can enact these consequences following a first time DUI conviction. For repeat infractions, repercussions are similar but can compound to become increasingly serious.
What Are The Consequences of Repeat DUI Convictions in Florida?
If an individual is convicted of multiple DUIs over a relatively short period, Florida courts will increase the punishments and ramifications they face. Penalties such as fines, jail time, and suspension are still prevalent, but more convictions mean they increase in severity.
What Are The Repercussions of My Second DUI in Florida?
For those who’ve been convicted of a second DUI in Florida, the consequences can be drastically more severe than those for first-time convictions. Individuals who receive a second DUI may face2:
What Happens After My Third DUI in Florida?
Is a DUI a felony in Florida? If you receive a third DUI conviction in Florida within ten years of your second, it’s considered a third-degree felony. The consequences can include:
What Are The Consequences of Getting Four DUIs in Florida?
After four DUIs, the state of Florida may consider an individual’s actions habitual. This provides the courts with more freedom and leeway when handing out sentences and can result in:
Smart Start Can Help You Meet Florida’s Post-DUI Requirements
As noted, most types of DUI convictions in Florida require drivers to install an Ignition Interlock Device in their vehicles. If you want to start driving again following your license reinstatement, you’ll need to get one before getting behind the wheel.
Smart Start provides Florida Interlock services for drivers convicted of DUIs. From quick installation to reliable service and removal, we can help you meet the state’s mandated Interlock Device requirements.
Contact us to schedule your installation or reach out to learn more.
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Is DUI a Felony in Arizona? Understanding the Consequences
If you find yourself charged with a DUI in Arizona, you may be confused about what’s coming next. After all, each state has its own laws and sentencing guidelines, and they’re all slightly different.
To that end, it’s understandable to feel concerned about what might happen and wonder “is DUI a felony in Arizona?”
Fortunately, this article will explain the Arizona DUI law and penalties for driving under the influence specific to the state of Arizona so that you can gain a clear understanding of what lies ahead and plan for successful navigation of the legal process.
DUI in Arizona: Felony or Misdemeanor?
So, is a DUI a felony in Arizona? In many cases, a DUI case will be considered a misdemeanor in the state of Arizona, though there are some circumstances in which a DUI is considered a felony.1
Let’s explore the criteria for each below.
Criteria for a Misdemeanor Charge
Both a first offense and a second offense within a seven-year period are categorized as a Class 1 misdemeanor DUI, though the subsequent offense will result in greater penalties if conviction occurs.
In either case, a suspended sentence, resulting in reduced jail time, may be available if the driver completes a court-ordered alcohol and drug screening, education, or treatment program. This option is available at the judge’s discretion.
Criteria for a Felony Charge
Is a DUI a felony in Arizona? In some cases, yes. A DUI can be charged as a felony in Arizona if it’s a driver’s third offense within a seven-year period, or if the DUI falls under the criteria for an aggravated DUI charge.3
Aggravated DUI
In Arizona, an aggravated DUI is a DUI that meets any of the following conditions:
An aggravated DUI charge will result in a Class 4 felony and a penalty of up to two years imprisonment, a minimum of $2,500 in fines and fees, a mandatory treatment program, license suspension, and the installation of an Ignition Interlock for twenty-four months after driving privileges are restored.
Can Your First DUI Be a Felony in Arizona?
In most cases, a first DUI will result in a misdemeanor charge, as explained earlier. However, if that first DUI charge occurs while your driver’s license is inactive, or if a person younger than fifteen is in the vehicle, then even a first offense will fall under the category of aggravated DUI.
An aggravated DUI, even if a first offense, may still result in a felony DUI conviction.
Is Jail Time Mandatory for DUI in Arizona?
A DUI conviction in Arizona, whether a misdemeanor or felony charge, will include some jail time. A first DUI comes with a minimum of ten days in jail, while a second comes with ninety days.
However, if the driver completes an alcohol or drug education and treatment program, they become eligible for a suspended sentence of one day for a first offense or thirty days for a second. Even so, the jail time still appears on the driver’s record.
A felony conviction for an aggravated DUI in Arizona will require four to eight months in prison before the driver is eligible for a suspended sentence.
How Long Does a DUI in Arizona Stay on Your Record?
An Arizona DUI will never drop off your record entirely. Even so, after seven years, future convictions will be treated as first offenses.
Arizona also offers what’s known as a “set aside,” where, upon completion of the legal process resulting from a DUI conviction, a driver’s record can include a note that the court has granted official relief.
It’s not a full removal from your record, but it can help with background checks going forward.
Breathe Easy with Smart Start
In Arizona, DUIs can be considered felonies or misdemeanors depending on the circumstances surrounding them. However, in either situation, the state does require an Interlock Ignition Device to be installed on the vehicle for a certain period of time. Fortunately, there are also several ways you can achieve an Arizona Interlock early removal.
If you need Arizona Interlocks, choose Smart Start. For over 30 years, we’ve helped individuals complete the terms of their DUI sentences by providing the most reliable Interlock devices on the market, as well as efficient installation and 24/7 customer support.
Reach out today to learn more.
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Florida Ignition Interlock Violations: Staying on the Right Side of the Law
Updated July 17, 2025
If you’re convicted of Driving Under the Influence (DUI) in Florida, the courts can order you to install an Ignition Interlock Device (IID) on your vehicle. These devices test a driver’s Blood Alcohol Level (BAL) before the driver can start their engine, as well as at periodic intervals while driving (called a rolling retest).
Drivers who have to use IIDs are subject to certain rules, such as completing rolling retests and getting their IID serviced regularly. Breaking these rules is known as a violation, and can result in penalties from your monitoring authority. Thus, if you’re required to use an IID, knowing and following the Florida Interlock rules is essential for staying in compliance — so take a minute to look at this guide to common violations and penalties.
Note: Florida law uses the term Blood Alcohol Level (BAL) where most states use Blood Alcohol Content (BAC). These terms mean the same thing.
What Is an IID Violation in Florida?
An IID violation is a specific type of prohibited action involving an Interlock Device. There are a variety of different types of violations that a driver can commit with an IID. Some of the most common violations include:
When one of these violations happens, the device automatically collects information about what happened and submits it to the service provider.
In turn, the provider will submit that reading to the Florida Department of Transportation (FDOT). After reviewing the event, the FDOT will either:
We’ll cover penalties near the end of this article. First, let’s look at some of the most common violations and how the state of Florida defines them.
Alcohol Level Violations
In Florida, the legal BAL limit for driving is under .08. For IID users, however, this concentration needs to be even lower before they can turn on their engines. If the user gives a sample with a BAL above the IID limit, the vehicle will not start.
Per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), .025 is the current IID threshold limit. However, judges also have the authority to order a lower threshold.
Providing two samples in a row that are over the limit when trying to start a vehicle is considered a violation. Sometimes, this might happen if you’ve eaten certain foods or used mouthwash before providing a sample. (Read about how this can happen.) If you haven’t been drinking alcohol, wash your mouth out with water, wait a few minutes, and give a new sample. If you have been drinking, you’ll need to wait until the alcohol has left your system.
The user may also be required to give a sample after the vehicle has started (called a rolling retest). Providing a rolling retest sample while over the limit is also considered a violation. Your vehicle will not shut off while driving, but you may be prevented from starting it again.
Missed Service Appointments
Florida law requires IIDs to be calibrated and serviced monthly to ensure they’re in good working order and providing accurate readings. Once a month, you’ll need to take your IID-equipped vehicle to a registered service center that works with your Florida Ignition Interlock provider, or an approved out-of-state service center.
If you fail to bring your vehicle in for the required service and calibration, your IID may enter “service lockout” mode. This means you will be unable to start the vehicle at all and will need to have your vehicle towed to your IID service center.
Smart Start IIDs provide a “grace period” in which you’ll see a countdown to lockout mode on your device, and you may be able to receive a one-time unlock code even after your device has entered lockout. These features help you avoid towing your car, but you’ll need to report to a service center within the specified time frame to have the IID calibrated.
Tampering With Your Device
Attempting to tamper with your IID in any way will almost always trigger a violation. This includes attempting to remove the device yourself or using any methods to “trick” or circumvent it. In addition, because your IID connects to your vehicle’s electrical system, trying to remove or tamper with it can damage your vehicle.
If you want to have your device removed before your required IID period is over, you can request a removal at your IID service center. However, be aware that you will typically be required to surrender your license before your IID can be removed, and you may not receive credit from the state for the time you’ve had your IID installed.
Failure to Provide a Sample
Another common violation is failing to provide a rolling retest sample when your IID prompts you to. A rolling retest can happen at any time after you start the vehicle. When your device notifies you to provide a retest, you’ll be required to provide it within the specified time window, usually several minutes.
You don’t have to give the sample while you’re driving, and in fact, Smart Start recommends pulling over to use your IID. As noted earlier, the IID will not shut the engine off while you are driving the vehicle, no matter what. However, if you don’t provide a sample within the required time frame, you may receive a violation.
Consequences of IID Violations in Florida
If you receive an IID violation in Florida, FLHSMV will typically send you a letter detailing your violation and the consequences. These consequences vary, but can include:
After a violation, your IID may enter “violation lockout” mode. Much like service lockout mode, this will require you to have your vehicle towed. Smart Start IIDs may also offer a grace period for violation lockouts, but as before, you’ll need to get your vehicle to a service center before the grace period ends.
How many Interlock violations can you have in Florida?
In most cases, there are no “freebie” Interlock Device violations in Florida. Even your first violation will typically require a conference with your monitoring authority. The more violations you have, the more serious the consequences. As listed by FLHSMV:
Since drivers who get a DUI are already responsible for the cost of their own Ignition Interlock, these fees can add up quickly. Being aware of Ignition Interlock violations and how they happen will help you avoid them and assist you in keeping the cost of your Florida Ignition Interlock as low as possible.
Smart Start is your Florida Ignition Interlock provider, with affordable IID plans and hundreds of service centers conveniently located throughout the Sunshine State. Get started today with a call to our Program Advisors — we’ll walk you through everything you need to know and get your appointment scheduled, with same-day service often available.
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Caring For Your Interlock Device During Cold and Flu Season
Amid cold and flu season, knowing how to properly care for and clean your Ignition Interlock Device (IID) is essential. Although cleaning your Ignition Interlock may seem daunting, it is simple and necessary!
Get Extra Mouthpieces
Next time you go to a Smart Start service center, grab a few extra mouthpieces for your Ignition Interlock Device (they’re free!). This is important so you do not have to share the same mouthpiece if someone else drives your vehicle. If you are the only one using your device, switching out your mouthpiece regularly will also improve the cleanliness of your device.
Cleaning Your Ignition Interlock
Cleaning your Ignition Interlock is important to do year-round. To do this, you only need to wipe it down with a little warm water and soap and let your device air dry. It is really that simple!
*Something crucial to remember about your IID is that your device MUST stay dry when you are not cleaning it.
The Do’s and Don’ts of Cleaning your Device
DON’T pour water on your device
DO use a damp cloth to wipe the device
DON’T use wipes like Lysol or Clorox
DO let your device air dry for 15 minutes
DON’T use a dirty cloth
If you still feel anxious about cleaning your Ignition Interlock Device, our technicians can help you to clean it at your next service appointment.
Smart Start Cares About your Health
Smart Start cares about your health; that’s why we encourage you to clean your Smart Start device regularly. At Smart Start, our top priority is the safety of our clients. To get a Smart Start Ignition Interlock installed in your vehicle, fill out an online form or call (800) 831-3299 today.
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Ensuring Accuracy: The Ins and Outs of Breathalyzer Calibration
If you’re a Smart Start client, you likely already know that you must visit your service center for your calibration appointment on a consistent basis. However, you may be wondering: how often do breathalyzers need to be calibrated to be accurate? This detailed article unveils the importance of breathalyzer calibration for consistent and reliable readings from all types of breathalyzer devices, such as Ignition Interlock Devices (IID). Discover the calibration process, how often it’s needed, and why proper maintenance is vital for safe and responsible driving. You’ll also learn how Ignition Interlock programs vary from person to person.
The Importance of Car Breathalyzer Calibration
How does a breathalyzer work, exactly? Car breathalyzers, or Ignition Interlock Devices (IIDs), stand as powerful tools that provide individuals charged with driving under the influence a way to regain their driving privileges. Most states require regular calibrations to ensure the device is reading each breath test accurately. Calibration is a precise process done by our expert Smart Start technicians that ensures the device aligns with a known standard, ensuring accurate Breath Alcohol Content (BrAC) readings every time the person breathes into the device.
How Breathalyzer Calibration Works
So, how accurate are breathalyzers when calibrated? Breathalyzer calibration involves carefully aligning the breathalyzer’s sensor with a controlled alcohol concentration set by each state. This process establishes a benchmark for accurate measurements. During calibration, the device’s sensor is fine-tuned to match the reference alcohol concentration. This regular service, along with Smart Start’s top of the line technology, guarantees the device consistently provides dependable and accurate breathalyzer test results.
Related post: What besides alcohol can set off a breathalyzer?
How Often Does a Breathalyzer Device Need Calibration?
Regular calibration is fundamental to maintaining accurate breathalyzer results. The recommended calibration frequency varies based on the state authorities’ rules and regulations. You’ll need to return to a Smart Start location for a calibration appointment every 30 to 90 days depending on which state you live in. You will be told how often you’ll need to come in for a calibration accuracy check during your installation appointment. During your car breathalyzer calibration appointments, your device’s data will be downloaded, and the device itself will be refreshed.
Related post: How long can a breathalyzer detect alcohol?
Needing an Early Calibration Appointment
If you have a car breathalyzer installed, you may find yourself needing an early calibration appointment. If you need to calibrate your IID before your scheduled service date, no need to worry. Smart Start understands and may allow individuals to visit their service center sooner, depending on state rules and court guidelines.
Navigating State Variations in Ignition Interlock Programs
Ignition Interlock programs differ across states, courts, and counties. These variations highlight the need for accurate information tailored to your personal circumstances. By reaching out to Smart Start’s Customer Care Center at [(800) 831-3299, our friendly Program Advisors can answer any questions you have about DUI laws, Ignition Interlock programs by state, and strategies for meeting your unique program requirements.
Related post: How to pass a breathalyzer test
Empowering Yourself: Planning Ahead with Ease
Did you know you can see when your next calibration appointment is on your Ignition Interlock Device? Simply press the pound sign followed by 1 on the Ignition Interlock Devices’s keypad to see the next service appointment date and time. This will allow you to plan ahead, ensuring compliance with your car breathalyzer program. You can also visit our Client Portal for more helpful tools and to pay online!
Exceptional Support: Smart Start’s Customer Care Center
For questions or assistance, Smart Start’s Customer Care Center is available round-the-clock. If you have inquiries about early calibration appointments or any aspect of your car breathalyzer program, call [Corporate Phone Number Link]. Our dedicated team is ready to provide accurate and timely responses.
Elevating Accuracy with Smart Start’s Breathalyzers
Precise breathalyzer calibration is important for maintaining our dependable Ignition Interlock and Portable Breathalyzer Devices. Through proper calibration and attentive maintenance, IIDs offer a pathway to getting back on the road. At Smart Start, we deeply understand the pivotal role that Interlocks play in reinstating driving privileges and getting back to normal life. Our commitment to accuracy extends to our Ignition Interlock Devices, ensuring individuals can confidently regain their driving privileges and move forward toward brighter tomorrows.
Sources:
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How Does a Breathalyzer Work?
Updated 10/18/24
You might have seen breathalyzers at DUI checkpoints or in campaigns about responsible drinking. Perhaps you’ve blown into one before. But have you ever wondered, “How does a breathalyzer work?”
Our guide will walk you through the ins and outs of breathalyzers, including what they are and how they measure your breath alcohol content (BrAC). Plus, we’ll talk about how you can find an affordable Ignition Interlock or portable alcohol monitoring solution if you’re dealing with the consequences of a DUI.
What Is a Breathalyzer?
Breathalyzers are handheld devices that detect the level of alcohol in a person’s breath (also known as breath alcohol content or BrAC). When someone has consumed alcohol, their bloodstream carries it into their lungs (among other places), leading to the presence of alcohol in their breath.
Scientists began using chemical reactions to measure alcohol in a person’s breath as early as the 1920s. Indiana University researcher Rolla N. Harger released a prototype intoxication-measurement device in 1931, called the “drunkometer.” By 1958, Robert Borkenstein, a forensic scientist working for the Indiana State Police, had refined Harger’s design into a more modern form with a catchier name: the Breathalyzer.
The new tool quickly gained widespread use among law enforcement, who had previously lacked an easy and scientific way to determine whether a driver was impaired. The technology continued to improve as US states stepped up the fight against drunk driving. Smart Start offers our latest car breathalyzer technology to help drivers with a DUI stay compliant and restore their driving privileges.
The Science Behind Breathalyzers
So, how does a breathalyzer work, exactly? Let’s look at the facts, beginning with the major parts that are inside a breathalyzer device.
The Parts of a Breathalyzer
Breathalyzers have the same basic parts inside. Here’s how each one works:
How a Breathalyzer Detects Alcohol
Of course, the core function of a breathalyzer is to detect alcohol — so how does a breathalyzer work to perform this task? It all depends on the technology inside the device’s sensor module.
No matter which technology is used, the sensor module sends its data to the microprocessor for analysis, which is then expressed as breath alcohol concentration (BrAC).
How Is Blood Alcohol Content (BAC) Measured?
According to MedlinePlus, blood alcohol content (BAC), the standard metric of intoxication, measures grams of alcohol per 100 milliliters of blood. Thus, the BrAC of a person who blows a 0.08 on a breathalyzer is equivalent to .08 grams of alcohol per 100 milliliters of blood. That might not sound like a lot, but it’s enough to cause delayed reactions, reduced self-control, and impaired reasoning — which is why .08 is the legal standard for intoxicated driving in most US states.
Your BAC is determined by how quickly your body breaks down and eliminates the alcohol you consume. So it’s logical to wonder: How long can a breathalyzer detect alcohol? In some cases, it can be as long as 12 to 24 hours — but this depends on several factors, including your body weight and composition, your biological sex, and how much alcohol you’ve consumed. In rare instances, other things besides alcohol can set off a breathalyzer, too.
Sometimes, a law enforcement officer might ask you to come to the police station and take a blood test or urine test. This may happen, for example, if the officer suspects you might be under the influence of other substances. Note that many states will automatically suspend your license for refusing to take an evidential breath or blood test.
The Importance of Calibration and Maintenance
Breathalyzers are generally accurate — but they’re also sensitive instruments that need regular calibration and maintenance to ensure they provide accurate readings. With a Smart Start Ignition Interlock breathalyzer, you’ll visit a qualified technician near you every 30 to 90 days (depending on which state you live in) to have your breathalyzer calibration verified. This process involves adjusting and fine-tuning the device to accurately measure your breath alcohol concentration (BrAC) levels.
How Smart Start Advances Breathalyzer Technology
If you’re dealing with a DUI, staying in compliance with court requirements is a top priority. You might need to install an Ignition Interlock Device breathalyzer on your vehicle to maintain your driving privileges or use a Portable Alcohol Monitoring Device breathalyzer to demonstrate compliance when you’re not on the road.
Smart Start is one of America’s leading providers of alcohol monitoring technologies. We bring you easy, fast, and affordable ways to meet your alcohol monitoring requirements. Our expert Program Advisors can help with anything you need, from answering your questions about how a breathalyzer works to explaining your options for an Ignition Interlock Device.
Call us at (800) 831-3299 for a free, customized quote on your Ignition Interlock or other alcohol monitoring device. Can’t call right now? Just fill out our simple online form, and a Program Advisor will call back at your convenience.
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How Long Can a Breathalyzer Detect Alcohol?
Updated May 8, 2025
Have you ever wondered how long a breathalyzer can tell if someone has had alcohol? The short answer: According to MedicalNewsToday and other scientific sources online, a breathalyzer can detect alcohol use up to 24 hours later.
For most people, the time that they’ll have a detectable level of alcohol on their breath will be significantly shorter — but it’s still important to understand how long alcohol stays on your breath and why. In this article, we’ll dive into how breathalyzers determine if alcohol is present and what factors can affect how long they can detect alcohol in a person’s breath.
How Breathalyzers Work
Breathalyzers check for alcohol in a person’s breath, measuring their Breath Alcohol Content (BrAC). They give an idea of the current blood alcohol level without actually drawing their blood. Smart Start uses this technology in our Interlock Devices and portable breathalyzers.
When a person drinks alcohol, it goes into their blood and then into their lungs. When they breathe out, the breathalyzer measures the alcohol level in their breath using one of two technologies: fuel cell sensors or infrared spectroscopy.
With fuel cell sensors, alcohol goes through a special change, making electricity that shows how much alcohol is there. With infrared spectroscopy, the sensor uses light to measure the alcohol. The microprocessor takes the sensor’s data and converts it into its Blood Alcohol Content (BAC) value. To learn more about these technologies, see our guide to how a breathalyzer works.
How Long Can a Breathalyzer Detect Alcohol?
Under certain conditions, alcohol can be detectable for up to 24 hours. In reality, there’s no fast-and-easy answer, because the real answer depends on how long the person’s body takes to reach a 0.0 BAC.
How Long Does It Take to Get to 0.00 BAC?
As soon as you start consuming alcohol, your BAC begins to increase. Eventually, your body will revert to a 0.0 as your body metabolizes or expels the alcohol. How quickly that happens depends on how much you’ve had to drink, plus a lot of other factors.
The alcohol education group Responsibility.org provides some general guidelines on how long it usually takes to reach a 0.0.
These are only rough estimates, and the time to process alcohol varies considerably from one person to another. Next, we’ll talk about the reasons why.
How Long Does It Take the Body To Process Alcohol?
It depends on many factors, including your body type, and how much and how fast you drink. To understand how to pass a breathalyzer test, it’s important to know about how breathalyzers work and why results are often different for different people.
According to the National Highway Traffic Safety Administration, these factors all contribute to how quickly your body processes alcohol:
One factor you shouldn’t rely on is which type of alcohol you’re drinking. As NHTSA reminds us, “a drink is a drink is a drink.” In other words, a standard bottle or can of beer, a standard glass of wine, and a standard shot of liquor all have approximately the same amount of alcohol — so don’t think you’re safe to drive just because you’ve been drinking beer instead of liquor.
Can I Get a DUI the Next Morning After Drinking?
Yes, people can and do get DUIs after drinking, going to sleep, and then driving home. Remember, it can take as long as 16 or more hours for your BAC to fully reset after a night of heavy drinking. Even going to sleep won’t help you metabolize the alcohol any more quickly. Time is literally the only thing that helps — so, if you’ve got somewhere to be the next day, consider choosing to drink less or not at all.
How Accurate Are Breathalyzers?
Breathalyzers are great at detecting alcohol in a person’s breath. However, the answer to “how accurate are breathalyzers” will depend on regular breathalyzer calibration and maintenance. These devices are fine-tuned for accuracy through calibration, a process Smart Start’s car breathalyzers undergo every 30-90 days, depending on state regulations.
Since breathalyzers are designed to detect alcohol in someone’s breath, it is possible that if you have residue from something like mouthwash left in your mouth, the breathalyzer will detect the alcohol and give you a positive alcohol breath test reading. We recommend you rinse your mouth out with water before every breath alcohol test to make sure there is no food residue. Learn more about things besides alcohol that can trigger an Ignition Interlock here.
Why Choose Smart Start as your Ignition Interlock Provider?
People who have been charged with drinking and driving sometimes need special devices, called Ignition Interlock Devices, to start their cars. These Interlock Devices determine if someone has alcohol in their system before they can drive. This helps people who have been charged with a DUI show that they can drive safely, comply with their program requirements, and keep their driving privileges.
Smart Start takes breathalyzer technology to the next level. For over 30 years as a leading provider of alcohol monitoring technology, like Ignition Interlock Devices and Portable Alcohol Monitoring Devices, we have used state-of-the-art breathalyzer technology to prevent drunk driving incidents. Our sleek and discreet devices provide accurate Breath Alcohol Content (BrAC) readings, helping over 1 million clients stay in compliance for any requirements they may have for keeping their driving privileges.
Do you need an Ignition Interlock Device or a Portable Alcohol Monitoring Device? Our trusted expert Program Advisors can help you get started with just one call at (800) 831-3299. Can’t call right now? Fill out our simple online form and our Program Advisors will give you a call back.
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