Who Should I contact?

[Jo1231]

What is the name of your state (only U.S. law)? Florida

I recently got a blower installed in my car because of a DUI that I got back in Dec of 2012, so I can get my license back. The problem is the tech who installed the device told us that it was the person who got the DUI who is suppose to blow in the device so needless to say I blew in the device while I had a license driver drive the car because I don't have my license yet. Now I found out that it is actually the driver of the car who is suppose to blow in the device. I'm am eligible for my license on the 26th of this month and it appears I have broke the law without knowing. will my license be suspended for this as soon as do the reading. Who should I contact about this?

 

[quincy]

What is the name of your state (only U.S. law)? Florida

I recently got a blower installed in my car because of a DUI that I got back in Dec of 2012, so I can get my license back. The problem is the tech who installed the device told us that it was the person who got the DUI who is suppose to blow in the device so needless to say I blew in the device while I had a license driver drive the car because I don't have my license yet. Now I found out that it is actually the driver of the car who is suppose to blow in the device. I'm am eligible for my license on the 26th of this month and it appears I have broke the law without knowing. will my license be suspended for this as soon as do the reading. Who should I contact about this?

Will you be in trouble? Probably not - if the car started and if you weren't driving it.

 

[Zigner]

What is the name of your state (only U.S. law)? Florida

I recently got a blower installed in my car because of a DUI that I got back in Dec of 2012, so I can get my license back. The problem is the tech who installed the device told us that it was the person who got the DUI who is suppose to blow in the device so needless to say I blew in the device while I had a license driver drive the car because I don't have my license yet. Now I found out that it is actually the driver of the car who is suppose to blow in the device. I'm am eligible for my license on the 26th of this month and it appears I have broke the law without knowing. will my license be suspended for this as soon as do the reading. Who should I contact about this?

I don't understand your dilemma. It sounds like you're at a "no-harm, no-foul" level. In fact, I don't know that the driver of the car has any legal obligation to blow in it. I would suggest that you have a chat with a local DUI attorney, but I think this isn't going to be a problem.

 

[quincy]

I don't understand your dilemma. It sounds like you're at a "no-harm, no-foul" level. In fact, I don't know that the driver of the car has any legal obligation to blow in it. I would suggest that you have a chat with a local DUI attorney, but I think this isn't going to be a problem.

The car won't start if a driver does not blow into the ignition interlock device so, although other drivers can drive the vehicle, they must be sober to drive.

 

[Zigner]

The car won't start if a driver does not blow into the ignition interlock device so, although other drivers can drive the vehicle, they must be sober to drive.

By law, they must be sober to drive

What I'm saying is that, if I "borrow" your car that has an interlock and me and a friend run off to the beach for the day, then I don't see that the driver of the vehicle has any legal obligation to utilize the device, nor do I see that it is inherently illegal for the passenger to blow for the driver in this instance.

 

[quincy]

By law, they must be sober to drive

What I'm saying is that, if I "borrow" your car that has an interlock and me and a friend run off to the beach for the day, then I don't see that the driver of the vehicle has any legal obligation to utilize the device, nor do I see that it is inherently illegal for the passenger to blow for the driver in this instance.

Anyone who drives the vehicle must blow into the device for the car to start.

The problem with having someone else blow into the device for the driver is these blows are recorded. In other words, Jo1231 cannot get around the requirement by having a passenger blow into the device for him.

In that sense, it is a legal requirement for all drivers of the equipped vehicle to blow into the device. The device cannot be circumvented and it cannot be fooled.

 

[Zigner]

Anyone who drives the vehicle must blow into the device.

Is that stated in Florida law? Not being snarky

ETA: Here's what I found: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1937.html. In my scenario, the driver isn't doing anything wrong by having the passenger blow, since the driver and/or the passenger is not trying to circumvent the device's intended use, namely, of prohibiting a restricted individual from operating the motor vehicle.

 

[quincy]

Is that stated in Florida law? Not being snarky

That is how the devices work.

 

[Zigner]

That is how the devices work.

Take a look a the link to Florida law regarding the use of the device. Since the driver is not restricted by the code section from driving, then it really doesn't matter WHO blows in to the machine to allow the car to start.

 

[quincy]

Take a look a the link to Florida law regarding the use of the device. Since the driver is not restricted by the code section from driving, then it really doesn't matter WHO blows in to the machine to allow the car to start.

First, read the law you linked to.

Here is additional information.

https://www.floridasafetycouncil.org/ClassName/ignition-interlock-device

You can also check out the various interlock companies. Most devices now have video recordings/cameras to record who is blowing into the device.

It is considered tampering to have another person blow into the device for the driver. Tampering with the device is illegal. If anyone but the driver could blow into the device to start the car, it sort of defeats the purpose of the device.

Here is a link to one ignition interlock company (Guardian) with additional information (Guardian used as example only): https://guardianinterlock.com/blog/friend-to-blow-into-my-ignition-interlock/

There is a forum member who has (or has had) an ignition interlock device installed in his vehicle. Although he lives in North Carolina, he might provide additional information.

 

[Zigner]

https://www.floridasafetycouncil.org/ClassName/ignition-interlock-device

You can check out the various interlock companies but most have video recordings. If anyone but the driver could blow into the device to start the car, it sort of defeats the purpose of the device.

That's exactly what happened for our OP. He was the passenger, yet he would blow to start the car while someone else was the driver.

 

[PayrollHRGuy]

https://www.floridasafetycouncil.org/ClassName/ignition-interlock-device

You can check out the various interlock companies but most have video recordings. If anyone but the driver could blow into the device to start the car, it sort of defeats the purpose of the device.

Will the car shut off when the car is put in park or the doors are open. If not it would be real easy for someone else to blow and then get out and let another drive.

 

[Zigner]

But again, if one is not restricted, then someone else blowing in the device is not against the law (from what I can see). If that's correct, then the OP has nothing to worry about. Frankly, I'm surprised that an interlock device was installed at all, since the OP can't drive anyway. I suspect that someone may have made a mistake and the OP may be required to continue the use of the interlock even after receiving his license again. As I said above, the OP may wish to, i.e., should speak to a local DUI attorney about the matter.

 

[quincy]

But again, if one is not restricted, then someone else blowing in the device is not against the law (from what I can see). If that's correct, then the OP has nothing to worry about. Frankly, I'm surprised that an interlock device was installed at all, since the OP can't drive anyway. I suspect that someone may have made a mistake and the OP may be required to continue the use of the interlock even after receiving his license again. As I said above, the OP may wish to, i.e., should speak to a local DUI attorney about the matter.

Reread the law you linked to. It is illegal for anyone to blow into the device for the driver.

What happens with the interlocks is that the interlock company records all starts. Violations recorded by the interlock company are reported to the probation officer/office. Penalties can be assessed against the restricted driver (and the one who does the blowing) after a single violation.

It can be smart for Jo to contact the ignition interlock company to report his misunderstanding on how the device works. If he wants to speak to his DUI attorney first, that can be smart, too.

One violation should not be a problem if the device was recently installed and if, as noted, the car started and the actual driver was licensed and sober.

 

[Zigner]

Reread the law you linked to. It is illegal for anyone to blow into the device for the driver.

Only if the driver is restricted...In my scenario (and in the OP's case), the driver wasn't restricted. i.e., the driver wasn't required to blow in the device to begin with.

Can you point out the specific sub-section that you are referring to, for reference. If I'm wrong, I'll be happy to admit it and buy you a (virtual) beverage of your choice