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 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
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.