Senate Bill 436 (2022) — Driving under the influence
SB 436
Florida Bills
Florida Senate - 2022 SB 436 By Senator Berman 31-00238B-22 2022436__ Page 1 of 6 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.; expanding conditions under 3 which a person commits the offense of driving under 4 the influence and must remain in custody after arrest; 5 defining the term “impairing substance”; reenacting 6 ss. 316.027(2)(c), 322.2715(3)(a), and 322.291, F.S., 7 relating to crashes involving death or personal 8 injuries, ignition interlock devices, and driver 9 improvement schools or DUI programs, respectively, to 10 incorporate the amendments made to s. 316.193, F.S., 11 in references thereto; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15
Section 1. Present paragraphs (
c) and (
d) of subsection 16 (14) of
section 316.193, Florida Statutes, are redesignated as 17 paragraphs (
d) and (e), respectively, a new paragraph (
c) is 18 added to that subsection, and subsections (1) and (9) of that 19
section are amended, to read: 20 316.193 Driving under the influence; penalties.— 21
(1) A person commits is guilty of the offense of driving 22 under the influence and is subject to punishment as provided in 23 subsection (2) if the person is driving or in actual physical 24 control of a vehicle within this state and: 25 (
a) The person is under the influence of alcoholic 26 beverages, any chemical substance set forth in s. 877.111, or 27 any substance controlled under
chapter 893, or any other 28 impairing substance, or any combination thereof, when affected 29
Florida Senate - 2022 SB 436 31-00238B-22 2022436__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. to the extent that the person’s normal faculties are impaired; 30 (
b) The person has a blood-alcohol level of 0.08 or more 31 grams of alcohol per 100 milliliters of blood; or 32 (
c) The person has a breath-alcohol level of 0.08 or more 33 grams of alcohol per 210 liters of breath. 34
(9) A person who is arrested for a violation of this 35
section may not be released from custody: 36 (
a) Until the person is no longer under the influence of 37 alcoholic beverages, any chemical substance set forth in s. 38 877.111, or any substance controlled under
chapter 893, or any 39 other impairing substance, or any combination thereof, and 40 affected to the extent that his or her normal faculties are 41 impaired; 42 (
b) Until the person’s blood-alcohol level or breath-43 alcohol level is less than 0.05; or 44 (
c) Until 8 hours have elapsed from the time the person was 45 arrested. 46
(14) As used in this chapter, the term: 47 (c) “Impairing substance” means any substance that, when 48 taken into the human body, can impair, or diminish in some 49 material respect, a person’s normal faculties. These normal 50 faculties include, but are not limited to, the ability to see, 51 hear, walk, talk, judge distances, drive an automobile, make 52 judgments, act in emergencies, and, in general, normally perform 53 the many mental and physical acts of daily life. 54
Section 2. For the purpose of incorporating the amendment 55 made by this act to
section 316.193, Florida Statutes, in a 56 reference thereto, paragraph (
c) of subsection (2) of
section 57 316.027, Florida Statutes, is reenacted to read: 58
Florida Senate - 2022 SB 436 31-00238B-22 2022436__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. 316.027 Crash involving death or personal injuries.— 59 (2) 60 (
c) The driver of a vehicle involved in a crash occurring 61 on public or private property which results in the death of a 62 person shall immediately stop the vehicle at the scene of the 63 crash, or as close thereto as possible, and shall remain at the 64 scene of the crash until he or she has fulfilled the 65 requirements of s. 316.062. A person who is arrested for a 66 violation of this paragraph and who has previously been 67 convicted of a violation of this section, s. 316.061, s. 68 316.191, or s. 316.193, or a felony violation of s. 322.34, 69 shall be held in custody until brought before the court for 70 admittance to bail in accordance with
chapter 903. A person who 71 willfully violates this paragraph commits a felony of the first 72 degree, punishable as provided in s. 775.082, s. 775.083, or s. 73 775.084, and shall be sentenced to a mandatory minimum term of 74 imprisonment of 4 years. A person who willfully commits such a 75 violation while driving under the influence as set forth in s. 76 316.193(1) shall be sentenced to a mandatory minimum term of 77 imprisonment of 4 years. 78
Section 3. For the purpose of incorporating the amendment 79 made by this act to
section 316.193, Florida Statutes, in 80 references thereto, paragraph (
a) of subsection (3) of
section 81 322.2715, Florida Statutes, is reenacted to read: 82 322.2715 Ignition interlock device.— 83
(3) If the person is convicted of: 84 (
a) A first offense of driving under the influence under s. 85 316.193 and has an unlawful blood-alcohol level or breath-86 alcohol level as specified in s. 316.193(1), the ignition 87
Florida Senate - 2022 SB 436 31-00238B-22 2022436__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. interlock device may be installed for at least 6 continuous 88 months. 89
Section 4. For the purpose of incorporating the amendment 90 made by this act to
section 316.193, Florida Statutes, in 91 references thereto,
section 322.291, Florida Statutes, is 92 reenacted to read: 93 322.291 Driver improvement schools or DUI programs; 94 required in certain suspension and revocation cases.—Except as 95 provided in s. 322.03(2), any person: 96
(1) Whose driving privilege has been revoked: 97 (
a) Upon conviction for: 98 1. Driving, or being in actual physical control of, any 99 vehicle while under the influence of alcoholic beverages, any 100 chemical substance set forth in s. 877.111, or any substance 101 controlled under
chapter 893, in violation of s. 316.193; 102 2. Driving with an unlawful blood- or breath-alcohol level; 103 3. Manslaughter resulting from the operation of a motor 104 vehicle; 105 4. Failure to stop and render aid as required under the 106 laws of this state in the event of a motor vehicle crash 107 resulting in the death or personal injury of another; 108 5. Reckless driving; or 109 (
b) As a habitual offender; 110 (
c) Upon direction of the court, if the court feels that 111 the seriousness of the offense and the circumstances surrounding 112 the conviction warrant the revocation of the licensee’s driving 113 privilege; or 114
(2) Whose license was suspended under the point system, was 115 suspended for driving with an unlawful blood-alcohol level of 116
Florida Senate - 2022 SB 436 31-00238B-22 2022436__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. 0.10 percent or higher before January 1, 1994, was suspended for 117 driving with an unlawful blood-alcohol level of 0.08 percent or 118 higher after December 31, 1993, was suspended for a violation of 119 s. 316.193(1), or was suspended for refusing to submit to a 120 lawful breath, blood, or urine test as provided in s. 322.2615 121 122 shall, before the driving privilege may be reinstated, present 123 to the department proof of enrollment in a department-approved 124 advanced driver improvement course operating pursuant to s. 125 318.1451 or a substance abuse education course conducted by a 126 DUI program licensed pursuant to s. 322.292, which shall include 127 a psychosocial evaluation and treatment, if referred. 128 Additionally, for a third or subsequent violation of 129 requirements for installation of an ignition interlock device, a 130 person must complete treatment as determined by a licensed 131 treatment agency following a referral by a DUI program and have 132 the duration of the ignition interlock device requirement 133 extended by at least 1 month up to the time period required to 134 complete treatment.
If the person fails to complete such course 135 or evaluation within 90 days after reinstatement, or 136 subsequently fails to complete treatment, if referred, the DUI 137 program shall notify the department of the failure. Upon receipt 138 of the notice, the department shall cancel the offender’s 139 driving privilege, notwithstanding the expiration of the 140 suspension or revocation of the driving privilege.
The 141 department may temporarily reinstate the driving privilege upon 142 verification from the DUI program that the offender has 143 completed the education course and evaluation requirement and 144 has reentered and is currently participating in treatment. If 145
Florida Senate - 2022 SB 436 31-00238B-22 2022436__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. the DUI program notifies the department of the second failure to 146 complete treatment, the department shall reinstate the driving 147 privilege only after notice of completion of treatment from the 148 DUI program. 149