Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Alcohol. Any substance containing any
				form of alcohol as defined in Section
				 322.01(2),
				F.S.
(2) Breath alcohol
				concentration (BrAC). The number of grams of alcohol per 210 liters of breath
				as defined in Section
				 322.01(3)(b),
				F.S.
(3) Breath sample. The volume
				of breath to be exhaled by the convicted person for the accurate operation of
				the Ignition Interlock Device. This will be 1.5 liters of breath volume per
				blow into the device.
(4) Breath
				test. An analysis of the breath alcohol concentration of a deep lung breath
				sample.
(5) Calibration. The
				process which ensures an accurate alcohol concentration reading on an ignition
				interlock device.
(6)
				Certification. The testing and approval process required by the Department of
				Highway Safety and Motor Vehicles.
(7) Convicted person. The person required by
				the court or the department to drive only motor vehicles that have certified
				ignition interlock devices installed.
(8) Deep lung breath sample. Also called
				"alveolar breath sample." An air sample which is the last portion of a
				prolonged, uninterrupted exhalation and which gives a quantitative measurement
				of alcohol concentration from which breath alcohol concentrations can be
				determined. "Alveolar" refers to the aveoli, which are the smallest air
				passages in the lungs, surrounded by capillary blood vessels and through which
				an interchange of gases occurs during respiration.
(9) Department. The Department of Highway
				Safety and Motor Vehicles.
(10)
				Device. A breath alcohol ignition interlock device.
(11) Emergency bypass. A one-time event,
				authorized by a service provider, that permits the ignition interlock
				device-equipped motor vehicle to be started without the requirement of passing
				the breath test.
(12) Fail point. A
				preset or predetermined breath alcohol level, defined in Section
				 316.1937, F.S.
(13) Free restart. The ability to start the
				engine again within three (3) minutes without completion of another breath
				test, when the condition exists where a breath test is successfully completed
				and the motor vehicle is started, but then the engine stops for any reason
				(including stalling).
(14) Ignition
				interlock device. A breath alcohol analyzer connected to a motor vehicle's
				ignition. In order to start the motor vehicle engine, a convicted person must
				blow a deep lung breath sample into the analyzer, which measures the breath
				alcohol concentration. If the breath alcohol concentration exceeds the fail
				point on the ignition interlock device, the motor vehicle engine will not
				start.
(15) Lockout. The ability of
				the ignition interlock device to prevent a motor vehicle's engine from
				starting.
(16) Manufacturer. The
				actual producer of the ignition interlock device who assembles the product and
				who may provide distribution and services.
(17) Motor vehicle. Any self-propelled motor
				vehicle not operated upon rails or guideway, but not including any motorcycle,
				bicycle, motorized scooter, electric personal assistive mobility device, or
				moped.
(18) Permanent lockout. A
				feature of the ignition interlock device in which a motor vehicle will not
				start until the ignition interlock device is reset by a service
				provider.
(19) Retest. An
				additional chance to provide a deep lung breath sample below the alcohol fail
				point.
(20) Rolling retest.
				Additional deep lung breath samples required while the motor vehicle is in
				operation.
(21) Service provider.
				The retail supplier of the approved ignition interlock devices.
(22) Tampering. An unlawful act or attempt to
				disable or circumvent the legal operation of the ignition interlock
				device.
(23) Temporary lockout. A
				feature of the ignition interlock device which will not allow the motor vehicle
				to start for time periods specified in Rule
				 15A-9.005, F.A.C., after a
				breath test result indicating a BrAC above the fail point.
(24) Violation. An event, such as two (2)
				breath tests above the fail point upon initial startup, a refusal to provide a
				rolling retest deep lung breath sample, a rolling retest above the fail point,
				or tampering, which breaches the guidelines for use of the ignition interlock
				device.
(25) Violation reset. A
				feature of the ignition interlock device in which a service reminder is
				activated due to a violation.
Rulemaking Authority
					 316.193,
					 316.1937,
					 316.1938,
					 322.16,
					 322.2715 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787. Law Implemented
					 316.193,
					 316.1937,
					 316.1938,
					 322.16,
					 322.2715 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended 1-20-04,
					 3-22-07.