Florida Senate - 2022                                     SB 436
       By Senator Berman
       31-00238B-22                                           2022436__
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         amending s. 316.193, F.S.; expanding conditions under
    4         which a person commits the offense of driving under
    5         the influence and must remain in custody after arrest;
    6         defining the term “impairing substance”; reenacting
    7         ss. 316.027(2)(c), 322.2715(3)(a), and 322.291, F.S.,
    8         relating to crashes involving death or personal
    9         injuries, ignition interlock devices, and driver
   10         improvement schools or DUI programs, respectively, to
   11         incorporate the amendments made to s. 316.193, F.S.,
   12         in references thereto; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present paragraphs (c) and (d) of subsection
   17  (14) of section 316.193, Florida Statutes, are redesignated as
   18  paragraphs (d) and (e), respectively, a new paragraph (c) is
   19  added to that subsection, and subsections (1) and (9) of that
   20  section are amended, to read:
   21         316.193 Driving under the influence; penalties.—
   22         (1) A person commits is guilty of the offense of driving
   23  under the influence and is subject to punishment as provided in
   24  subsection (2) if the person is driving or in actual physical
   25  control of a vehicle within this state and:
   26         (a) The person is under the influence of alcoholic
   27  beverages, any chemical substance set forth in s. 877.111, or
   28  any substance controlled under chapter 893, or any other
   29  impairing substance, or any combination thereof, when affected
   30  to the extent that the person’s normal faculties are impaired;
   31         (b) The person has a blood-alcohol level of 0.08 or more
   32  grams of alcohol per 100 milliliters of blood; or
   33         (c) The person has a breath-alcohol level of 0.08 or more
   34  grams of alcohol per 210 liters of breath.
   35         (9) A person who is arrested for a violation of this
   36  section may not be released from custody:
   37         (a) Until the person is no longer under the influence of
   38  alcoholic beverages, any chemical substance set forth in s.
   39  877.111, or any substance controlled under chapter 893, or any
   40  other impairing substance, or any combination thereof, and
   41  affected to the extent that his or her normal faculties are
   42  impaired;
   43         (b) Until the person’s blood-alcohol level or breath
   44  alcohol level is less than 0.05; or
   45         (c) Until 8 hours have elapsed from the time the person was
   46  arrested.
   47         (14) As used in this chapter, the term:
   48         (c) “Impairing substance” means any substance that, when
   49  taken into the human body, can impair, or diminish in some
   50  material respect, a person’s normal faculties. These normal
   51  faculties include, but are not limited to, the ability to see,
   52  hear, walk, talk, judge distances, drive an automobile, make
   53  judgments, act in emergencies, and, in general, normally perform
   54  the many mental and physical acts of daily life.
   55         Section 2. For the purpose of incorporating the amendment
   56  made by this act to section 316.193, Florida Statutes, in a
   57  reference thereto, paragraph (c) of subsection (2) of section
   58  316.027, Florida Statutes, is reenacted to read:
   59         316.027 Crash involving death or personal injuries.—
   60         (2)
   61         (c) The driver of a vehicle involved in a crash occurring
   62  on public or private property which results in the death of a
   63  person shall immediately stop the vehicle at the scene of the
   64  crash, or as close thereto as possible, and shall remain at the
   65  scene of the crash until he or she has fulfilled the
   66  requirements of s. 316.062. A person who is arrested for a
   67  violation of this paragraph and who has previously been
   68  convicted of a violation of this section, s. 316.061, s.
   69  316.191, or s. 316.193, or a felony violation of s. 322.34,
   70  shall be held in custody until brought before the court for
   71  admittance to bail in accordance with chapter 903. A person who
   72  willfully violates this paragraph commits a felony of the first
   73  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   74  775.084, and shall be sentenced to a mandatory minimum term of
   75  imprisonment of 4 years. A person who willfully commits such a
   76  violation while driving under the influence as set forth in s.
   77  316.193(1) shall be sentenced to a mandatory minimum term of
   78  imprisonment of 4 years.
   79         Section 3. For the purpose of incorporating the amendment
   80  made by this act to section 316.193, Florida Statutes, in
   81  references thereto, paragraph (a) of subsection (3) of section
   82  322.2715, Florida Statutes, is reenacted to read:
   83         322.2715 Ignition interlock device.—
   84         (3) If the person is convicted of:
   85         (a) A first offense of driving under the influence under s.
   86  316.193 and has an unlawful blood-alcohol level or breath
   87  alcohol level as specified in s. 316.193(1), the ignition
   88  interlock device may be installed for at least 6 continuous
   89  months.
   90         Section 4. For the purpose of incorporating the amendment
   91  made by this act to section 316.193, Florida Statutes, in
   92  references thereto, section 322.291, Florida Statutes, is
   93  reenacted to read:
   94         322.291 Driver improvement schools or DUI programs;
   95  required in certain suspension and revocation cases.—Except as
   96  provided in s. 322.03(2), any person:
   97         (1) Whose driving privilege has been revoked:
   98         (a) Upon conviction for:
   99         1. Driving, or being in actual physical control of, any
  100  vehicle while under the influence of alcoholic beverages, any
  101  chemical substance set forth in s. 877.111, or any substance
  102  controlled under chapter 893, in violation of s. 316.193;
  103         2. Driving with an unlawful blood- or breath-alcohol level;
  104         3. Manslaughter resulting from the operation of a motor
  105  vehicle;
  106         4. Failure to stop and render aid as required under the
  107  laws of this state in the event of a motor vehicle crash
  108  resulting in the death or personal injury of another;
  109         5. Reckless driving; or
  110         (b) As a habitual offender;
  111         (c) Upon direction of the court, if the court feels that
  112  the seriousness of the offense and the circumstances surrounding
  113  the conviction warrant the revocation of the licensee’s driving
  114  privilege; or
  115         (2) Whose license was suspended under the point system, was
  116  suspended for driving with an unlawful blood-alcohol level of
  117  0.10 percent or higher before January 1, 1994, was suspended for
  118  driving with an unlawful blood-alcohol level of 0.08 percent or
  119  higher after December 31, 1993, was suspended for a violation of
  120  s. 316.193(1), or was suspended for refusing to submit to a
  121  lawful breath, blood, or urine test as provided in s. 322.2615
  123  shall, before the driving privilege may be reinstated, present
  124  to the department proof of enrollment in a department-approved
  125  advanced driver improvement course operating pursuant to s.
  126  318.1451 or a substance abuse education course conducted by a
  127  DUI program licensed pursuant to s. 322.292, which shall include
  128  a psychosocial evaluation and treatment, if referred.
  129  Additionally, for a third or subsequent violation of
  130  requirements for installation of an ignition interlock device, a
  131  person must complete treatment as determined by a licensed
  132  treatment agency following a referral by a DUI program and have
  133  the duration of the ignition interlock device requirement
  134  extended by at least 1 month up to the time period required to
  135  complete treatment. If the person fails to complete such course
  136  or evaluation within 90 days after reinstatement, or
  137  subsequently fails to complete treatment, if referred, the DUI
  138  program shall notify the department of the failure. Upon receipt
  139  of the notice, the department shall cancel the offender’s
  140  driving privilege, notwithstanding the expiration of the
  141  suspension or revocation of the driving privilege. The
  142  department may temporarily reinstate the driving privilege upon
  143  verification from the DUI program that the offender has
  144  completed the education course and evaluation requirement and
  145  has reentered and is currently participating in treatment. If
  146  the DUI program notifies the department of the second failure to
  147  complete treatment, the department shall reinstate the driving
  148  privilege only after notice of completion of treatment from the
  149  DUI program.
  150         Section 5. This act shall take effect July 1, 2022.