New DUI Laws: Why the Disabled Are Left Behind

By: John Guidry

Big Brother is always telling us what to do, right? In a limited fashion, I’m okay with that, I suppose. Who else is going to keep track of traffic lights and air traffic controllers?

But other “Big Brother” decisions don’t add up. For example, the National Park Service posts signs reading: “PLEASE DO NOT FEED THE ANIMALS – The Animals May Grow Dependent and Not Take Care of Themselves.” Yet, the Department of Agriculture hands out food stamps at historic levels.

This sort of hypocrisy is all in a day’s work for the massive government machinery. George Orwell would be proud. But rather than taking easy shots at the Feds, let’s bring this back to Florida law—specifically, a piece of DUI legislation that took effect on July 1, 2013, and continues to punish our most vulnerable drivers.

Does a medical condition prevent you from using an Interlock Device?

Don’t let the system trap you. Call John today at (407) 423-1117.

The Good News: Waiver of Formal Review

First, let’s look at the positive side of recent DUI law changes. The law now permits first-time DUI clients to waive a formal review hearing.

In plain English:

• The Old Way: If you blew over a .08, your license was suspended for 6 months. You could appeal (Formal Review), but if you lost, you had to go 30 days without driving (“hard time”) before you could get a hardship license.
• The New Way: You can file a “Waiver of Formal Review,” skip the risk of hard time, and obtain a Business Purposes Only license immediately.

This is great news. Not everyone can afford to take taxis for 30 days (or 90 days for refusals).

The Bad News: The “Medical Waiver” Trap

However, the legislature also made some questionable changes that spell trouble for our disabled citizens regarding the Ignition Interlock Device.

For those found guilty of certain DUIs (e.g., blowing over a .15), an ignition interlock is mandatory. You must blow into a machine to start your car. The Problem: Some people physically cannot blow hard enough to make these machines work. This includes people with lung cancer, COPD, or other breathing issues.

The Old Law: Permitted a “Medical Waiver” that allowed these drivers to drive without the device if a doctor certified they couldn’t use it. The New Law: Basically abolishes the ability to drive on a medical waiver.

Here is the cold, hard text of Florida Statute 322.2715:

“If a medical waiver has been granted for a convicted person seeking a restricted license, the convicted person shall not be entitled to a restricted license until the required ignition interlock device installation period… expires.”

Why This Hurts Veterans and the Disabled

Translation: If you are too sick to blow into the machine, you aren’t allowed to drive.

While a healthy person can install the device and drive to work immediately, a disabled person with a medical waiver must wait out the entire interlock period (6 months, 1 year, or 2 years) before they are legally allowed to get behind the wheel.

• Healthy Driver: Gets a restricted license immediately.
• Disabled Driver: Banned from driving for an extra year or more.

This hits our disabled veterans particularly hard. Those who fought for our country and suffered lung damage from bad air overseas are now singled out by the legislature. The government requires businesses to have handicap ramps, but they have just taken away your legal ability to drive to those locations.

We All Make Mistakes

We all make mistakes—healthy people and not-so-healthy people alike. It is a shame that our government has decided to lay the smackdown on folks with medical problems.

Is there a statistic out there that demonstrates people with breathing problems are more likely to drive poorly than a 16-year-old with the radio at max volume? No.

If you are facing a DUI and have a medical condition, the path to a license is now much harder, but not impossible. We need to fight the charge itself so you never face this penalty in the first place.

Call me at (407) 423-1117. Let’s fight for your right to drive.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.