Senate Bill 138 (2025) — Driving under the influence
SB 138
Florida Bills
Florida Senate - 2025 SB 138 By Senator Wright 8-00579-25 2025138__ Page 1 of 14 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to driving under the influence; 2 amending s. 316.193, F.S.; prohibiting a person from 3 driving or being in actual physical control of a 4 vehicle while under the influence of any intoxicating 5 substance; amending s. 316.1932, F.S.; requiring that 6 a person be told that his or her failure to submit to 7 a lawful test of breath or urine is a second degree 8 misdemeanor or a first degree misdemeanor under 9 certain circumstances; amending s. 316.1939, F.S.; 10 classifying a person’s refusal to submit to a chemical 11 or physical test of breath or urine as a second degree 12 misdemeanor or a first degree misdemeanor under 13 certain circumstances; creating s. 316.19395, F.S.; 14 authorizing judicial circuits to create driving under 15 the influence diversion programs; providing 16 requirements for such diversion programs; providing 17 that a person who successfully completes a diversion 18 program is ineligible for participation in such a 19 program in the future; amending s. 316.656, F.S.; 20 prohibiting a court from suspending, deferring, or 21 withholding adjudication of guilt or imposition of 22 sentence for a specified violation; amending s. 23 322.34, F.S.; providing penalties for specified 24 violations of driving while a license or driving 25 privilege is canceled, suspended, or revoked or under 26 suspension or revocation equivalent status; amending 27 s. 327.35, F.S.; prohibiting a person from operating a 28 vessel while under the influence of any intoxicating 29
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 2 of 14 CODING: Words stricken are deletions; words underlined are additions. substance; amending s. 933.02, F.S.; permitting the 30 issuance of a search warrant when a sample of blood of 31 a person constitutes evidence relevant to proving 32 specified crimes; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36
Section 1. Subsection (1) of
section 316.193, Florida 37 Statutes, is amended to read: 38 316.193 Driving under the influence; penalties.— 39
(1) A person commits is guilty of the offense of driving 40 under the influence and is subject to punishment as provided in 41 subsection (2) if the person is driving or in actual physical 42 control of a vehicle within this state and: 43 (
a) The person is under the influence of alcoholic 44 beverages, any chemical substance set forth in s. 877.111, or 45 any substance controlled under
chapter 893, or any intoxicating 46 substance, when affected to the extent that the person’s normal 47 faculties are impaired; 48 (
b) The person has a blood-alcohol level of 0.08 or more 49 grams of alcohol per 100 milliliters of blood; or 50 (
c) The person has a breath-alcohol level of 0.08 or more 51 grams of alcohol per 210 liters of breath. 52
Section 2. Paragraph (
a) of subsection (1) of
section 53 316.1932, Florida Statutes, is amended to read: 54 316.1932 Tests for alcohol, chemical substances, or 55 controlled substances; implied consent; refusal.— 56 (1)(a)1.a. A person who accepts the privilege extended by 57 the laws of this state of operating a motor vehicle within this 58
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 3 of 14 CODING: Words stricken are deletions; words underlined are additions. state is, by operating such vehicle, deemed to have given his or 59 her consent to submit to an approved chemical test or physical 60 test including, but not limited to, an infrared light test of 61 his or her breath for the purpose of determining the alcoholic 62 content of his or her blood or breath if the person is lawfully 63 arrested for any offense allegedly committed while the person 64 was driving or was in actual physical control of a motor vehicle 65 while under the influence of alcoholic beverages.
The chemical 66 or physical breath test must be incidental to a lawful arrest 67 and administered at the request of a law enforcement officer who 68 has reasonable cause to believe such person was driving or was 69 in actual physical control of the motor vehicle within this 70 state while under the influence of alcoholic beverages. The 71 administration of a breath test does not preclude the 72 administration of another type of test.
The person must shall be 73 told that his or her failure to submit to any lawful test of his 74 or her breath will result in the suspension of his or her the 75 person’s privilege to operate a motor vehicle as provided in s. 76 322.2615(1)(
a) for a period of 1 year for a first refusal, or 77 for a period of 18 months if the driving privilege of such 78 person has been previously suspended or if he or she has 79 previously been fined under s. 327.35215 as a result of a 80 refusal to submit to a test or tests required under this
chapter 81 or
chapter 327, and must shall also be told that if he or she 82 refuses to submit to a lawful test of his or her breath and his 83 or her driving privilege has been previously suspended or if he 84 or she has previously been fined under s. 327.35215 for a prior 85 refusal to submit to a lawful test of his or her breath, urine, 86 or blood as required under this
chapter or
chapter 327, he or 87
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 4 of 14 CODING: Words stricken are deletions; words underlined are additions. she commits a misdemeanor of the second first degree, punishable 88 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 89 first degree, punishable as provided in s. 775.082 or s. 90 775.083, if his or her driving privilege has been previously 91 suspended or if he or she has previously been fined under s. 92 327.35215 for a prior refusal to submit to a lawful test of his 93 or her breath, urine, or blood as required under this
chapter or 94
chapter 327, in addition to any other penalties provided by law. 95 The refusal to submit to a chemical or physical breath test upon 96 the request of a law enforcement officer as provided in this 97
section is admissible into evidence in any criminal proceeding. 98 b.
A person who accepts the privilege extended by the laws 99 of this state of operating a motor vehicle within this state is, 100 by operating such vehicle, deemed to have given his or her 101 consent to submit to a urine test for the purpose of detecting 102 the presence of chemical substances as set forth in s. 877.111 103 or controlled substances if the person is lawfully arrested for 104 any offense allegedly committed while the person was driving or 105 was in actual physical control of a motor vehicle while under 106 the influence of chemical substances or controlled substances. 107 The urine test must be incidental to a lawful arrest and 108 administered at a detention facility or any other facility, 109 mobile or otherwise, which is equipped to administer such tests 110 at the request of a law enforcement officer who has reasonable 111 cause to believe such person was driving or was in actual 112 physical control of a motor vehicle within this state while 113 under the influence of chemical substances or controlled 114 substances.
The urine test must shall be administered at a 115 detention facility or any other facility, mobile or otherwise, 116
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 5 of 14 CODING: Words stricken are deletions; words underlined are additions. which is equipped to administer such test in a reasonable manner 117 that will ensure the accuracy of the specimen and maintain the 118 privacy of the individual involved. The administration of a 119 urine test does not preclude the administration of another type 120 of test.
The person must shall be told that his or her failure 121 to submit to any lawful test of his or her urine will result in 122 the suspension of his or her the person’s privilege to operate a 123 motor vehicle for a period of 1 year for the first refusal, or 124 for a period of 18 months if the driving privilege of such 125 person has been previously suspended or if he or she has 126 previously been fined under s. 327.35215 as a result of a 127 refusal to submit to a test or tests required under this
chapter 128 or
chapter 327, and must shall also be told that if he or she 129 refuses to submit to a lawful test of his or her urine and his 130 or her driving privilege has been previously suspended or if he 131 or she has previously been fined under s. 327.35215 for a prior 132 refusal to submit to a lawful test of his or her breath, urine, 133 or blood as required under this
chapter or
chapter 327, he or 134 she commits a misdemeanor of the second first degree, punishable 135 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 136 first degree, punishable as provided in s. 775.082 or s. 137 775.083, if his or her driving privilege has been previously 138 suspended or if he or she has previously been fined under s. 139 327.35215 for a prior refusal to submit to a lawful test of his 140 or her breath, urine, or blood as required under this
chapter or 141
chapter 327, in addition to any other penalties provided by law. 142 The refusal to submit to a urine test upon the request of a law 143 enforcement officer as provided in this
section is admissible 144 into evidence in any criminal proceeding. 145
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 6 of 14 CODING: Words stricken are deletions; words underlined are additions. 2. The Alcohol Testing Program within the Department of Law 146 Enforcement is responsible for the regulation of the operation, 147 inspection, and registration of breath test instruments utilized 148 under the driving and boating under the influence provisions and 149 related provisions located in this
chapter and chapters 322 and 150 327. The program is responsible for the regulation of the 151 individuals who operate, inspect, and instruct on the breath 152 test instruments utilized in the driving and boating under the 153 influence provisions and related provisions located in this 154
chapter and chapters 322 and 327. The program is further 155 responsible for the regulation of blood analysts who conduct 156 blood testing to be utilized under the driving and boating under 157 the influence provisions and related provisions located in this 158
chapter and chapters 322 and 327. The program shall: 159 a. Establish uniform criteria for the issuance of permits 160 to breath test operators, agency inspectors, instructors, blood 161 analysts, and instruments. 162 b. Have the authority to permit breath test operators, 163 agency inspectors, instructors, blood analysts, and instruments. 164 c. Have the authority to discipline and suspend, revoke, or 165 renew the permits of breath test operators, agency inspectors, 166 instructors, blood analysts, and instruments. 167 d.
Establish uniform requirements for instruction and 168 curricula for the operation and inspection of approved 169 instruments. 170 e. Have the authority to specify one approved curriculum 171 for the operation and inspection of approved instruments. 172 f. Establish a procedure for the approval of breath test 173 operator and agency inspector classes. 174
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 7 of 14 CODING: Words stricken are deletions; words underlined are additions. g. Have the authority to approve or disapprove breath test 175 instruments and accompanying paraphernalia for use pursuant to 176 the driving and boating under the influence provisions and 177 related provisions located in this
chapter and chapters 322 and 178 327. 179 h. With the approval of the executive director of the 180 Department of Law Enforcement, make and enter into contracts and 181 agreements with other agencies, organizations, associations, 182 corporations, individuals, or federal agencies as are necessary, 183 expedient, or incidental to the performance of duties. 184 i. Issue final orders which include findings of fact and 185 conclusions of law and which constitute final agency action for 186 the purpose of
chapter 120. 187 j. Enforce compliance with this
section through civil or 188 administrative proceedings. 189 k. Make recommendations concerning any matter within the 190 purview of this section, this chapter,
chapter 322, or
chapter 191 327. 192 l. Adopt Promulgate rules for the administration and 193 implementation of this section, including
definitions of terms. 194 m. Consult and cooperate with other entities for the 195 purpose of implementing the mandates of this section. 196 n. Have the authority to approve the type of blood test 197 utilized under the driving and boating under the influence 198 provisions and related provisions located in this
chapter and 199 chapters 322 and 327. 200 o. Have the authority to specify techniques and methods for 201 breath alcohol testing and blood testing utilized under the 202 driving and boating under the influence provisions and related 203
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 8 of 14 CODING: Words stricken are deletions; words underlined are additions. provisions located in this
chapter and chapters 322 and 327. 204 p. Have the authority to approve repair facilities for the 205 approved breath test instruments, including the authority to set 206 criteria for approval. 207 208 Nothing in this
section shall be construed to supersede 209 provisions in this
chapter and chapters 322 and 327. The 210 specifications in this
section are derived from the power and 211 authority previously and currently possessed by the Department 212 of Law Enforcement and are enumerated to conform with the 213 mandates of
chapter 99-379, Laws of Florida. 214
Section
Section 316.1939, Florida Statutes, is amended 215 to read: 216 316.1939 Refusal to submit to testing; penalties.— 217
(1) A person who has refused to submit to a chemical or 218 physical test of his or her breath or urine, as described in s. 219 316.1932, commits a misdemeanor of the second degree, punishable 220 as provided in s. 775.082 or s. 775.083, in addition to any 221 other penalties provided by law, and such person whose driving 222 privilege was previously suspended or who was previously fined 223 under s. 327.35215 for a prior refusal to submit to a lawful 224 test of his or her breath, urine, or blood required under this 225
chapter or
chapter 327 commits a misdemeanor of the first 226 degree, punishable as provided in s. 775.082 or s. 775.083, in 227 addition to any other penalties provided by law if all of the 228 following apply, and: 229 (
a) Who The arresting law enforcement officer had probable 230 cause to believe that the person was driving or in actual 231 physical control of a motor vehicle in this state while under 232
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 9 of 14 CODING: Words stricken are deletions; words underlined are additions. the influence of alcoholic beverages, chemical substances, or 233 controlled substances.; 234 (
b) The person Who was placed under lawful arrest for a 235 violation of s. 316.193, unless such test was requested pursuant 236 to s. 316.1932(1)(c).; 237 (
c) The person Who was informed that, if he or she refused 238 to submit to such test, his or her privilege to operate a motor 239 vehicle would be suspended for a period of 1 year or, in the 240 case of a second or subsequent refusal, for a period of 18 241 months.; 242 (
d) The person, after having been informed as required in 243 paragraph (c), still refuses Who was informed that a refusal to 244 submit to a lawful test of his or her breath or urine as 245 described in s. 316.1932, if his or her driving privilege has 246 been previously suspended or if he or she has previously been 247 fined under s. 327.35215 for a prior refusal to submit to a 248 lawful test of his or her breath, urine, or blood as required 249 under this
chapter or
chapter 327, is a misdemeanor of the first 250 degree, punishable as provided in s. 775.082 or s. 775.083, in 251 addition to any other penalties provided by law; and 252 (
e) Who, after having been so informed, refused to submit 253 to any such test when requested to do so by a law enforcement 254 officer or correctional officer 255 256 commits a misdemeanor of the first degree and is subject to 257 punishment as provided in s. 775.082 or s. 775.083. 258
(2) The disposition of any administrative proceeding that 259 relates to the suspension of a person’s driving privilege does 260 not affect a criminal action under this section. 261
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(3) The disposition of a criminal action under this
section 262 does not affect any administrative proceeding that relates to 263 the suspension of a person’s driving privilege. The department’s 264 records showing that a person’s license has been previously 265 suspended for a prior refusal to submit to a lawful test of his 266 or her breath, urine, or blood are shall be admissible and 267 create shall create a rebuttable presumption of such suspension. 268
Section
Section 316.19395, Florida Statutes, is created 269 to read: 270 316.19395 Driving under the influence diversion programs.— 271
(1) Any judicial circuit may create a driving under the 272 influence diversion program. A judicial circuit that creates 273 such a diversion program shall publish the terms and conditions 274 of the program on the website of the office of the state 275 attorney for that circuit. 276
(2) Each judicial circuit that offers a diversion program 277 under this
section shall notify the department of each person 278 who successfully completes the program. The department shall 279 notate the successful completion of the diversion program on the 280 driving record of each such person. 281
(3) A person who successfully completes a diversion program 282 offered under this
section is ineligible for future 283 participation in such a program. 284
Section 5. Subsection (1) of
section 316.656, Florida 285 Statutes, is amended to read: 286 316.656 Mandatory adjudication; prohibition against 287 accepting plea to lesser included offense.— 288
(1) Notwithstanding the provisions of s. 948.01, a court 289 may not no court may suspend, defer, or withhold adjudication of 290
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 11 of 14 CODING: Words stricken are deletions; words underlined are additions. guilt or imposition of sentence for any violation of s. 316.193 291 or s. 316.1939, for manslaughter resulting from the operation of 292 a motor vehicle, or for vehicular homicide. 293
Section 6. Subsection (2) of
section 322.34, Florida 294 Statutes, is amended to read: 295 322.34 Driving while license suspended, revoked, canceled, 296 or disqualified.— 297
(2) Any person whose driver license or driving privilege 298 has been canceled, suspended, or revoked as provided by law, or 299 who does not have a driver license or driving privilege but is 300 under suspension or revocation equivalent status as defined in 301 s. 322.01(43), except persons defined in s. 322.264, who, 302 knowing of such cancellation, suspension, revocation, or 303 suspension or revocation equivalent status, drives any motor 304 vehicle upon the highways of this state while such license or 305 privilege is canceled, suspended, or revoked, or while under 306 suspension or revocation equivalent status, commits: 307 (
a) A misdemeanor of the second degree, punishable as 308 provided in s. 775.082 or s. 775.083. 309 (b)1. A misdemeanor of the first degree, punishable as 310 provided in s. 775.082 or s. 775.083, upon a second or 311 subsequent conviction, except as provided in paragraph (c). 312 2. A person convicted of a third or subsequent conviction, 313 except as provided in paragraph (c), must serve a minimum of 10 314 days in jail. 315 (
c) A felony of the third degree, punishable as provided in 316 s. 775.082, s. 775.083, or s. 775.084, upon a third or 317 subsequent conviction if the current violation of this
section 318 or the most recent prior violation of the
section is related to 319
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 12 of 14 CODING: Words stricken are deletions; words underlined are additions. driving while license canceled, suspended, revoked, or 320 suspension or revocation equivalent status resulting from a 321 violation of: 322 1. Driving under the influence. A person to whom this 323 subparagraph applies must serve a minimum of 30 days in jail 324 upon a first conviction, a minimum of 60 days in jail upon a 325 second conviction, and a minimum of 90 days in jail upon a third 326 or subsequent conviction; 327 2.
Refusal to submit to a urine, breath-alcohol, or blood 328 alcohol test. A person to whom this subparagraph applies must 329 serve a minimum of 30 days in jail upon a first conviction, a 330 minimum of 60 days in jail upon a second conviction, and a 331 minimum of 90 days in jail upon a third or subsequent 332 conviction; 333 3. A traffic offense causing death or serious bodily 334 injury; or 335 4.
Fleeing or eluding. 336 337 The element of knowledge is satisfied if the person has been 338 previously cited as provided in subsection (1); or the person 339 admits to knowledge of the cancellation, suspension, or 340 revocation, or suspension or revocation equivalent status; or 341 the person received notice as provided in subsection (4).
There 342 is shall be a rebuttable presumption that the knowledge 343 requirement is satisfied if a judgment or an order as provided 344 in subsection (4) appears in the department’s records for any 345 case except for one involving a suspension by the department for 346 failure to pay a traffic fine or for a financial responsibility 347 violation. 348
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Section 7. Subsection (1) of
section 327.35, Florida 349 Statutes, is amended to read: 350 327.35 Boating under the influence; penalties; “designated 351 drivers.”— 352
(1) A person commits is guilty of the offense of boating 353 under the influence and is subject to punishment as provided in 354 subsection (2) if the person is operating a vessel within this 355 state and: 356 (
a) The person is under the influence of alcoholic 357 beverages, any chemical substance set forth in s. 877.111, or 358 any substance controlled under
chapter 893, or any intoxicating 359 substance when affected to the extent that the person’s normal 360 faculties are impaired; 361 (
b) The person has a blood-alcohol level of 0.08 or more 362 grams of alcohol per 100 milliliters of blood; or 363 (
c) The person has a breath-alcohol level of 0.08 or more 364 grams of alcohol per 210 liters of breath. 365
Section
Section 933.02, Florida Statutes, is amended to 366 read: 367 933.02 Grounds for issuance of search warrant.—Upon proper 368 affidavits being made, a search warrant may be issued under the 369 provisions of this
chapter upon any of the following grounds: 370
(1) When the property shall have been stolen or embezzled 371 in violation of law; 372
(2) When any property shall have been used: 373 (
a) As a means to commit any crime; 374 (
b) In connection with gambling, gambling implements and 375 appliances; or 376 (
c) In violation of s. 847.011 or other laws in reference 377
Florida Senate - 2025 SB 138 8-00579-25 2025138__ Page 14 of 14 CODING: Words stricken are deletions; words underlined are additions. to obscene prints and literature; 378
(3) When any property constitutes evidence relevant to 379 proving that a felony has been committed; 380
(4) When any property is being held or possessed: 381 (
a) In violation of any of the laws prohibiting the 382 manufacture, sale, and transportation of intoxicating liquors; 383 (
b) In violation of the fish and game laws; 384 (
c) In violation of the laws relative to food and drug; or 385 (
d) In violation of the laws relative to citrus disease 386 pursuant to s. 581.184; or 387
(5) When the laws in relation to cruelty to animals, as 388 provided in
chapter 828, have been or are violated in any 389 particular building or place; or. 390
(6) When a sample of the blood of a person constitutes 391 evidence relevant to proving that a violation of s. 316.193 or 392 s. 327.35 has been committed. 393 394 This
section also applies to any papers or documents used as a 395 means of or in aid of the commission of any offense against the 396 laws of the state. 397