15A-9.0041. Medical Considerations

(1) In consideration of a medical condition, a minimum breath sample of 1.0 litres of breath volume per blow may be considered, if the convicted person is certified by a licensed pulmonoligist to have a lung condition which will render the convicted person incapable of blowing a breath sample into an ignition interlock device, after appropriate review by the Medical Review Board of such medical condition and certification.

(2) When a medical condition exists in the convicted person which makes such person incapable of properly operating the ignition interlock device, the convicted person may submit a medical report from an appropriate specialist to the Medical Review Board who shall review and issue a finding of the medical incapacity. Pursuant to the authority under Section 322.2715, F.S., the use of the ignition interlock requirement may be waived or modified.

(a) If a medical waiver has been approved for a convicted person seeking a hardship license, the convicted person shall not be entitled to a hardship license until the required installation period of the ignition interlock device prescribed in Section 322.2715, F.S. expires, in addition to the time requirements outlined in Section 322.271, F.S.

(b) If a medical waiver has been approved for a convicted person seeking permanent reinstatement of the driver’s license, the convicted person will not be entitled to such reinstatement until the required installation period of the ignition interlock device prescribed in Section 322.2715, F.S. expires.

Rulemaking Authority 316.193, 316.1937, 316.1938, 322.271, 322.16, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787 Law Implemented 316.193, 316.1937, 316.1938, 322.16, 322.271, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. History–New 3-22-07.