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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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 ofthe 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, or28 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, orany 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 122 123 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.