Stricter DUI laws proposed

Cordell Jones | SJGC Capital Bureau

DUI enforcement may become even stricter in Florida. 

Senate Bill 138, filed on January 3, adds more provisions to DUI stops. Some of these include prohibiting a person from using or driving a vehicle under the influence of any substance and adding a second-degree misdemeanor offense for those who decline or fail to submit a urine or breath test during a stop.

According to Olympic Health, Florida’s alcohol-impaired driving fatalities rate is higher than the national average. This, in turn, can be one of the myriad of reasons behind these new provisions. Previously, the Legislature had a more confined definition of the usage of alcohol and drugs with a blood alcohol level of 0.08% or higher. However, with this bill, it would be illegal to operate a vehicle while using prescribed medication or other substances that can affect and impair a driver’s ability to function on the road, as referenced by Musca Law. The charges and offenses are increased under this new Senate bill; before this bill, the charges for a DUI would be a fine of up to $1,000, imprisonment of up to 6 months, and a license suspension of up to a year. In addition to these provisions being applied to drivers, these same standards may also be applied to operating a boat. 

Outside of these laws, there are now DUI diversion programs in place to reduce the penalties of their offense by completing various court-ordered activities like community service hours and DUI education courses. These would help those who are charged with a DUI offense have the ability to both reduce their penalties as well as allow them to learn from their mistakes on the road. Giving those convicted of a DUI a chance to lower penalties and reform their mistake is a welcome addition to the legislation. 

Another notable addition to the legislation is the provision for search warrants on blood samples if the sample is shown to be necessary to prove the offense. Adding to the blood alcohol level previously mentioned, these searches can become crucial while making critical decisions on DUI cases. 

This Senate bill adds to the changes to the state Legislature in the prior year, with HB 0871, HB 0039, and HB 0047 adding more context and provisions to a DUI offense. 

Repeat offenders who have gotten a DUI also face harsher monitoring methods as the Ignition Interlock Program is starting to be implemented statewide.

As covered on the Florida Highway Safety and Motor Vehicles webpage regarding the devices, convicted DUI persons must have these Ignition Interlock Devices, otherwise known as IIDs, installed in a driver’s vehicle. These devices monitor DUI drivers when state law requires them to do so. 

As the new Senate bill adds to the growing provisions within DUI convictions and stops, more and more strengthening of these bills can be enforced further. These will impact routine stops and formal convictions of DUIs.