15A-9.003. Definitions

(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. History–New 10-12-92, Amended 1-20-04, 3-22-07.