Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority 316.193, 316.1937, 316.1938, 322.271, 322.16, 322.271 5 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.
New 3-22-07.
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