DUI laws can often be confusing at first glance. If you’ve recently been charged with a DUI, you may be struggling to wrap your head around the different types of offenses and penalties. And this can add stress to an already stressful time in your life.

Your first instinct may be to jump to the worst-case scenario and ask: is a DUI a felony in Illinois? But the answer is a bit more complex than a simple yes or no.

Luckily, we have the information you need to better understand DUI laws in Illinois and the different penalties they come with.

DUI Illinois Law Explained

Before getting into the specifics of Illinois’ DUI laws, it’s helpful to understand how Illinois defines a DUI.

There are several different acronyms that can be applied to drunk or intoxicated driving situations. The three most common acronyms used are:

• DWI – Driving While Intoxicated
• DUI – Driving Under the Influence
• OWI – Operating While Intoxicated

In Illinois, the most common acronym used is DUI. You can be convicted of a DUI in Illinois if you’re found driving with a blood-alcohol content (BAC) of 0.08 or higher.¹ However, if your ability to drive is at all impaired, even if your BAC is below the legal limit, you can still be charged with a DUI.¹ This is because driving while under the influence of medical cannabis and other drugs can also warrant a DUI charge in Illinois.¹

A law enforcement officer will determine your BAC and driving impairment through a field sobriety test. Illinois has implied consent laws in place, meaning that if you’re suspected of driving under the influence and refuse a blood or breath test, you will be subject to penalties, which can include license suspension, reduced driving privilege, and potential fines.²

Illinois DUI laws are structured around the number of DUI charges a person was given previously. In other words, if this is your first DUI offense, the penalties will be less severe than if it’s your third.

Felony DUI in Illinois: What You Need to Know

Now that we’ve discussed Illinois’ DUI laws and their structure, we’ll explain how many DUIs is a felony in Illinois.

Here is how Illinois law defines each DUI occurrence³:

• First DUI – Class A misdemeanor
• Second DUI – Class A misdemeanor (generally)
• Third DUI – Class 2 felony

So, only after receiving three DUIs will a DUI be considered a felony. It’s also important to note that in Illinois, DUI charges are never removed from your record—so if you’ve received two charges at any point in time and are charged with a third DUI, it will be considered a class 2 felony.³

Penalties for Felony DUI in Illinois

Because a felony DUI is received after being previously charged with multiple DUIs, the penalties are more severe than if it were your first DUI.

After any DUI charge, you may be subject to the following penalties³:

• Fines
• License suspension
• Possible jail time

For felony DUI, your license will be suspended for at least a ten-year period, and you may face fines up to $25,000.³ Jail time can be as short as ten days, with a maximum DUI conviction sentence of three to seven years, though community service can be substituted for part of the sentence.

Felony DUI is considered an aggravated DUI in Illinois, which holds more weight in terms of penalties. Some amount of jail time is required when convicted of a felony in Illinois.²

After receiving a second DUI, and for each DUI following it, you must hold a Restricted Driving Permit (RDP) and use an Ignition Interlock Device (IID) in your vehicle for five years after your license is suspended.³ With an RDP, you’re restricted to essential travel only, such as driving to work or medical appointments.

Defending Against a Felony DUI Charge

While penalties for a felony DUI charge are steep, you have options to defend yourself. Namely, it’s recommended that you do your research on the latest Illinois BAIID rules and acquire legal representation when facing a DUI charge. There are many lawyers in the state who deal specifically with DUI law and know how to best represent your case in court.

A DUI lawyer will defend your rights and ensure fairness in your legal proceedings. They may also be able to help lessen your penalties.

Trust Smart Start Ignition Interlock Devices for Your Vehicle

After receiving a felony DUI, the only way to drive your vehicle again is by using a BAIID Illinois Device. An IID is a breathalyzer that’s installed into your car’s ignition; it requires the driver to blow into it, and if their blood-alcohol content (BAC) is under 0.025, the car will start.

By exploring our website, you can learn more about how IIDs work and see the different kinds we offer.

For the most affordable and dependable IIDs, trust Smart Start. Our customer service operates every day of the year, 24/7, so that you always have the support and guidance you need. Visit one of our many Illinois installation locations today to get started.

Sources:

1. The Office of the Illinois Secretary of State. Driving Under the Influence (DUI). https://www.ilsos.gov/departments/drivers/traffic_safety/DUI/home.html
2. HG.org. Illinois DUI Law. https://www.hg.org/dui-law-illinois.html
3. DrivingLaws. Illinois DUI Laws and Conviction Penalties. https://dui.drivinglaws.org/ill.php

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:

1. 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
2. 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
3. Forbes Advisor. Florida DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/florida-dui-laws/
4. 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/
5. 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/

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:

• How many previous convictions you have
• How high your Blood Alcohol Level (BAL) is
• Whether or not anyone was injured in the incident

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:

• Up to six months for a BAL below 0.15 with no minors present in the vehicle
• Up to nine months for a BAL above 0.15 or if a minor is in the vehicle

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:

• Fines – Fines range depending on the severity of the conviction. For drivers with a BAL below 0.15 and no minors in the vehicle, they’ll run between $500-$2,000. With a BAL above 0.15 or a minor in the vehicle, courts can charge drivers anywhere between $2,000 to $4,000.¹
• Community service – First convictions result in a required 50 hours of community service. Alternatively, you may be eligible to pay $10 per assigned hour of community service.¹
• Probation – Courts will decide the lengths and terms of probation sentences. The total length, combined with any prison time, will total no more than one year.¹
• License revocation – Upon a Florida DUI conviction, you’ll immediately have your license revoked—regardless of your number of previous infractions. The license suspension range for convictions without bodily injury ranges from 180 days to one year. For a DUI accident that causes bodily harm, the minimum license suspension length is three years.²
• Vehicle impoundment or immobilization – First convictions will result in motor vehicle owners having their cars impounded (or alternatively, immobilized) for a period of ten days. This may be averted in cases where the owner’s family doesn’t have access to an alternative mode of transportation.²
• Temporary holding – Following a DUI arrest and the seizure of a motor vehicle, the police can hold a suspect for up to eight hours, until their BAL drops below .05, or their normal mental faculties are restored. These conditions are consistent regardless of how many convictions one has.²
• Substance and alcohol use education – Courts may choose to sentence convicted individuals to alcohol or drug treatment programs. Furthermore, completing DUI school is mandatory for drivers who hope to have their license reinstated.²
• Ignition Interlock installation – Florida courts have the power to mandate installing an Ignition Interlock Device (IID) on your vehicle following your first DUI conviction. Such devices require drivers to provide a clean breath sample before starting their engines. For those with a BAL below .15, installing an IID is up to the judge’s discretion. For those with higher BALs, however, they’re mandatory for a period of at least six months.³

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:

• Imprisonment – Courts can assign prison sentences up to nine months in length for your second DUI. For drivers with a BAL above .15 or those with minors in the vehicle, this can be extended up to one year. This period can include residential substance and alcohol education programs and jail time. Furthermore, if your second conviction is within five years of your first, you’ll face a minimum mandatory jail sentence of 10 days.²
• Fines – $1,000 to $2,000 is the minimum range for second convictions. For BALs above .15 or for drivers with minors present, this range doubles.
• Vehicle impoundment and immobilization – Your vehicle will be impounded or immobilized for 30 days following a second DUI—unless it’s the only one in your family.
• License revocation – For a second DUI occurring within five years of a first conviction, Florida revokes licenses for a minimum of five years. You may, however, be eligible for reinstatement after one year if you meet certain hardship conditions.
• DUI school – DUI school is mandatory for license reinstatement for any second convictions within five years of a first.
• Ignition Interlock installation – Interlock Devices are mandatory for a period of one year following a second conviction. For a BAL above .15 or when minors are present in the vehicle, this period is extended to two years.³

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:

• Imprisonment – For a third conviction within a decade of a second, individuals will be mandatorily sentenced to at least 30 days of incarceration. If more than 10 years have passed between incidents, the courts can sentence you to up to a year of jail time.²
• Fines – For third convictions—regardless of how much time has passed between incidents—fines can range from $2,000 to $5,000.²
• Vehicle impoundment and immobilization – Unless it’s your family’s only vehicle, your car will be impounded or immobilized for 90 days following a third conviction within ten years of a second DUI conviction.²
• License revocation – For third infractions within ten years of a second, licenses will be revoked for a minimum of ten years with the possibility for hardship reinstatement after two. If the third incident is more than a decade after the second DUI conviction, the revocation period is the same as that of a first-time conviction.²
• DUI school – DUI school is mandatory for anyone convicted of a third infraction that occurs within a decade of the second.²
• Ignition Interlock installation – You’ll be required to install an Ignition Interlock Device for a minimum of two years following your third DUI.³

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:

• Imprisonment – After four or more convictions, the state of Florida can imprison convicted parties for up to five years. If they’re ruled as habitual or violent, however, judges have the power to hand out even longer sentences.²
• Fines – $2,000 is the minimum fine for fourth convictions, and there’s no established cap on the maximum. For those with a BAL above .15 or with minors in the vehicle, this minimum shoots up to $4,000.²
• Vehicle impoundment and immobilization – All fourth and subsequent convictions carry the same impoundment and immobilization consequences as the third.²
• License revocation – If you’re convicted of a fourth DUI, your license will be permanently revoked. After five years, however, you may be eligible to apply for hardship reinstatement.²
• DUI school – Since most people convicted of four DUIS are ineligible for license reinstatement, they’re generally not required to attend DUI school. If they meet the conditions for hardship reinstatement, however, they will be required to attend before receiving their license.²
• Ignition Interlock installation – If, after four DUIs, an individual applies for and receives hardship reinstatement, they’ll be required to keep an Interlock Device installed in their vehicle for at least five years.³ Be sure to check the Ignition Interlock violation penalties in Florida.

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.

Sources:

1. State of Florida. DUI Information. https://www.stateofflorida.com/dui-information/
2. Florida Department of 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/
3. Florida Department of Highway Safety and Motor Vehicles. Ignition Interlock Program. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ignition-interlock-program/

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:

• Alcohol level violations
• Missed service appointments
• Attempting to remove or otherwise tampering with the device
• Failure to provide a sample when required (including rolling retests)

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:

• Recognize it as an error and remove it from the driver’s record, or
• Determine that it’s accurate and take disciplinary action

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:

• An appointment with your monitoring authority and paying an administrative fee. 
• An extended appointment to create a case management plan. 
• Entering a substance abuse treatment program.
• An extension of the time period in which you’re required to drive with an IID. 
• Potential criminal charges under Florida Statute 316.1937 for certain violations, such as attempting to remove your IID without permission.

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:

• For a first violation, the fee is $25, and you’ll usually be required to attend a conference.
• For a second violation, the fee is $55, and you may be required to attend monthly follow-up appointments at a cost of $45 each.
• For a third or subsequent violation, the fee is $60, with monthly follow-up appointments at a cost of $45 each. You may also be referred to enter a substance abuse treatment plan. 

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.