Lonker Law Group Blog
Jacksonville DUI, Divorce, Criminal Defense & Personal Injury Lawyer. Your Justice is our job.

8 Things to Know about the Ignition Interlock Device

by Administrator 1. August 2012 16:33

The ignition interlock device is a piece of equipment installed in your car which requires you to blow a blood alcohol content (BAC) level of .05 or below for your car to start. If the ignition interlock device registers a BAC of .05 or above, the car will not start. Here are eight things you need to know about the ignition interlock device:

1. Not everyone charged with a DUI is required to install an ignition interlock device.

2. There are only two approved vendors you can use for the installation of an ignition interlock device.

3. After an ignition interlock device is installed on your car you will be issued a driver’s license with a “P” restriction, meaning you are only allowed to drive with a car that contains an ignition interlock device.

4. Costs for the ignition interlock device are as follows:

  • $12 interlock fee
  • $75 installation fee
  • $72.50 for monthly monitoring & calibration
  • $100 deposit or $5 a month fee for insurance

5. If the court deems a person unable to pay for the ignition interlock device, the court may allow for a reduction in the fee.

6. The ignition interlock device also comes with the functionality which may require a random sample while the car is running.

7. Your BAC data is collected 24 hours a day, every day of the week and is sent to State of Florida authorities in a web-based report.

8. Requirements for the installation of an ignition interlock device are as follows:

  • First time DUI, if required by the court
  • First time DUI with a BAC above .15 or with a minor in the car, minimum of six months
  • Second DUI, minimum of one year
  • Second DUI with a BAC above .15 or with a minor in the car, minimum of two years
  • Third DUI, minimum of two years
  • Four or more DUIs, minimum of five years

A DUI is a very serious charge that can come with severe short term and lifelong consequences. If you are facing the possibility of being charged with a DUI, you need a very experienced Jacksonville DUI lawyer to fight your case. The Lonker Law Group has extensive experience helping people in the Jacksonville area and beyond who have been charged with a DUI.  If you are facing the very severe DUI penalties and a felony conviction, call the Jacksonville DUI lawyer who knows how to best fight your case and for your rights. Call The Lonker Law Group for a free DUI case evaluation today!

Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.

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How Accurate are Breathalyzer Tests? Not as Accurate As You Think!

by Administrator 18. July 2012 16:31

The conventional way Jacksonville law enforcement measures blood alcohol content (BAC) level during a DUI stop is via a breathalyzer test. Many people charged with a DUI believe that measuring a BAC of .08 or over is a guarantee of a DUI conviction.

As BAC is data the State of Florida can use against you, as highly experienced Jacksonville DUI attorneys, we recommend you politely decline taking the breathalyzer or any other urine, blood or field sobriety test that would provide State of Florida officials with data which can be used to convict you of a DUI.

It is important to know, you will be charged with a misdemeanor and lose your driver’s license for refusing to take the breathalyzer. However, by refusing these tests you will not be giving the State of Florida BAC data to assist in their attempts to convict you. Further, you will be allowed to apply for a hardship license 30 – 90 days after your license was suspended.

If you did, however, take the breathalyzer test and registered a .08 BAC or above, you still may have a strong DUI defense. Numerous inaccuracies and inconsistencies exist with the BAC machines. These inaccuracies and inconsistencies include:

Breath volume

The volume of breath provided in the breathalyzer test is critical. The breathalyzer test requires 1.1 liters of air to function properly. This volume was selected as it is considered sufficient to obtain air from the deepest part of the lungs where the blood and air interact. However, depending on the individual, 1.1 liters of air can come solely from the mouth, throat, esophagus and top of the lungs and therefore can give incorrect or inconclusive results which provide higher than actual BAC levels.

Poorly calibrated breathalyzers

At times, when breathalyzer data has been reviewed it has shown volumes of air blown, in one continuous breath, to exceed 10 liters of air. As human lung capacity is only approximately 6 liters of air, this indicates that the machine is not correctly measuring volume. It is also an indication that the machine is not calibrated correctly and therefore, the ultimate data is at risk of being flawed. Similarly, there are situations where a person provided 1.1 liters of air, and the machine has indicated that significant air volume was not provided, further indicating strong possibilities of flawed data.

Do not think that just because you took the breathalyzer you do not have a case. A qualified Jacksonville DUI attorney can build a strong defense for you to help get DUI charges against you lessened or dropped. The Lonker Law Group has extensive experience helping people in the Jacksonville area and beyond who have been charged with a DUI.  If you are facing the very severe DUI penalties and a felony conviction, call the Jacksonville DUI lawyer who knows how to best fight your case and for your rights. Call The Lonker Law Group for a free DUI case evaluation today!

Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.

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Differences between a misdemeanor DUI & a Felony DUI

by Administrator 16. July 2012 16:29

The main difference between a Misdemeanor DUI and a Felony DUI is the severity of penalties you will face if convicted. Of the two, the felony is the more serious charge and therefore, if you are convicted of a felony, the DUI penalties you will be facing are more severe than the DUI penalties of a misdemeanor DUI.

Misdemeanor DUI Offenses include:

  • DUI with a blood alcohol content of .08 or above
  • DUI with a blood alcohol content of .15 or above
  • Commercial DUI with a blood alcohol content of .04 or above
  • Receiving a second DUI within 5 years
  • Receiving a DUI while driving on a suspended license
  • Juvenile DUI with a blood alcohol content of .02 or above
  • DUI with property damage
  • Boating Under the Influence (BUI)

Felony DUI Offenses

  • DUI resulting in serious bodily injury
  • Three DUIs within 10 years or four DUIs in a lifetime
  • DUI manslaughter

A DUI is a very serious charge that can come with severe short term and lifelong consequences. If you are facing the possibility of being charged with a DUI, you need a very experienced Jacksonville DUI lawyer to fight your case. The Lonker Law Group has extensive experience helping people in the Jacksonville area and beyond who have been charged with a DUI.  If you are facing the very severe DUI penalties of a felony conviction, call the Jacksonville DUI lawyer who knows how to best fight your case and for your rights. Call The Lonker Law Group for a free DUI case evaluation today!

Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.

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