| 1 | A bill to be entitled |
| 2 | An act relating to driving under the influence; amending |
| 3 | s. 316.193, F.S.; requiring that ignition interlock |
| 4 | devices be used for a specified period after a first |
| 5 | conviction of certain offenses; revising provisions |
| 6 | relating to the period for which an ignition interlock |
| 7 | device may be required for a second conviction of certain |
| 8 | offenses; amending s. 316.1937, F.S.; reducing the maximum |
| 9 | permissible blood alcohol level at which an ignition |
| 10 | interlock device will allow a vehicle to start; providing |
| 11 | an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (2) and paragraph (c) of subsection |
| 16 | (4) of section 316.193, Florida Statutes, are amended to read: |
| 17 | 316.193 Driving under the influence; penalties.-- |
| 18 | (2)(a) Except as provided in paragraph (b), subsection |
| 19 | (3), or subsection (4), any person who is convicted of a |
| 20 | violation of subsection (1) shall be punished: |
| 21 | 1. By a fine of: |
| 22 | a. Not less than $250 or more than $500 for a first |
| 23 | conviction; and. |
| 24 | b. Not less than $500 or more than $1,000 for a second |
| 25 | conviction; and |
| 26 | 2. By imprisonment for: |
| 27 | a. Not more than 6 months for a first conviction; and. |
| 28 | b. Not more than 9 months for a second conviction; and. |
| 29 | 3. For a second conviction, By mandatory placement for a |
| 30 | period of at least 1 year, at the convicted person's sole |
| 31 | expense, of an ignition interlock device approved by the |
| 32 | department in accordance with s. 316.1938 upon all vehicles that |
| 33 | are individually or jointly leased or owned and routinely |
| 34 | operated by the convicted person, when the convicted person |
| 35 | qualifies for a permanent or restricted license, for: |
| 36 | a. At least 6 months for a first conviction when the |
| 37 | convicted person has been referred to a substance abuse |
| 38 | treatment provider, as provided in subsection (5); and |
| 39 | b. At least 1 year for a second conviction. The |
| 40 | installation of such device may not occur before July 1, 2003. |
| 41 | (b)1. Any person who is convicted of a third violation of |
| 42 | this section for an offense that occurs within 10 years after a |
| 43 | prior conviction for a violation of this section commits a |
| 44 | felony of the third degree, punishable as provided in s. |
| 45 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
| 46 | order the mandatory placement for a period of not less than 2 |
| 47 | years, at the convicted person's sole expense, of an ignition |
| 48 | interlock device approved by the department in accordance with |
| 49 | s. 316.1938 upon all vehicles that are individually or jointly |
| 50 | leased or owned and routinely operated by the convicted person, |
| 51 | when the convicted person qualifies for a permanent or |
| 52 | restricted license. The installation of such device may not |
| 53 | occur before July 1, 2003. |
| 54 | 2. Any person who is convicted of a third violation of |
| 55 | this section for an offense that occurs more than 10 years after |
| 56 | the date of a prior conviction for a violation of this section |
| 57 | shall be punished by a fine of not less than $1,000 or more than |
| 58 | $2,500 and by imprisonment for not more than 12 months. In |
| 59 | addition, the court shall order the mandatory placement for a |
| 60 | period of at least 2 years, at the convicted person's sole |
| 61 | expense, of an ignition interlock device approved by the |
| 62 | department in accordance with s. 316.1938 upon all vehicles that |
| 63 | are individually or jointly leased or owned and routinely |
| 64 | operated by the convicted person, when the convicted person |
| 65 | qualifies for a permanent or restricted license. The |
| 66 | installation of such device may not occur before July 1, 2003. |
| 67 | 3. Any person who is convicted of a fourth or subsequent |
| 68 | violation of this section, regardless of when any prior |
| 69 | conviction for a violation of this section occurred, commits a |
| 70 | felony of the third degree, punishable as provided in s. |
| 71 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
| 72 | for such fourth or subsequent violation may be not less than |
| 73 | $1,000. |
| 74 | (4) Any person who is convicted of a violation of |
| 75 | subsection (1) and who has a blood-alcohol level or breath- |
| 76 | alcohol level of 0.20 or higher, or any person who is convicted |
| 77 | of a violation of subsection (1) and who at the time of the |
| 78 | offense was accompanied in the vehicle by a person under the age |
| 79 | of 18 years, shall be punished: |
| 80 | (c) In addition to the penalties in paragraphs (a) and |
| 81 | (b), the court shall order the mandatory placement, at the |
| 82 | convicted person's sole expense, of an ignition interlock device |
| 83 | approved by the department in accordance with s. 316.1938 upon |
| 84 | all vehicles that are individually or jointly leased or owned |
| 85 | and routinely operated by the convicted person for at least 1 |
| 86 | year up to 6 months for the first offense and for at least 2 |
| 87 | years for a second offense, when the convicted person qualifies |
| 88 | for a permanent or restricted license. The installation of such |
| 89 | device may not occur before July 1, 2003. |
| 90 | Section 2. Subsection (1) of section 316.1937, Florida |
| 91 | Statutes, is amended to read: |
| 92 | 316.1937 Ignition interlock devices, requiring; unlawful |
| 93 | acts.-- |
| 94 | (1) In addition to any other authorized penalties, the |
| 95 | court may require that any person who is convicted of driving |
| 96 | under the influence in violation of s. 316.193 shall not operate |
| 97 | a motor vehicle unless that vehicle is equipped with a |
| 98 | functioning ignition interlock device certified by the |
| 99 | department as provided in s. 316.1938, and installed in such a |
| 100 | manner that the vehicle will not start if the operator's blood |
| 101 | alcohol level is in excess of 0.025 0.05 percent or as otherwise |
| 102 | specified by the court. The court may require the use of an |
| 103 | approved ignition interlock device for a period of not less than |
| 104 | 6 months, if the person is permitted to operate a motor vehicle, |
| 105 | whether or not the privilege to operate a motor vehicle is |
| 106 | restricted, as determined by the court. The court, however, |
| 107 | shall order placement of an ignition interlock device in those |
| 108 | circumstances required by s. 316.193. |
| 109 | Section 3. This act shall take effect July 1, 2008. |