DUI/DWI Recent Legal Changes in Florida

What recent changes have been made to our state’s DUI/DWI laws in Florida?

1. The Blood Alcohol Concentration (BAC) limit has been lowered from .08% to .05%.

2. The minimum fines and court costs for a first-time conviction of DUI have increased from $500 to $1,000.

3. Ignition interlock devices are required for any DUI conviction in Florida, even for first-time offenders.

4. The length of suspensions for a first-time DUI conviction has increased from 6 months to 12 months.

5. A new law has been passed that requires repeat offenders to install an ignition interlock device in their vehicle for at least two years after their conviction.

Have there been updates to the legal BAC (Blood Alcohol Content) limit in Florida?

Yes, the legal BAC (Blood Alcohol Content) limit in Florida has been reduced from 0.08 to 0.05, effective July 1, 2020. Under the new law, drivers who are found to have a BAC level of 0.05 or higher can be charged with a DUI. This is the lowest legal BAC limit in the United States.

How have penalties for first-time DUI offenders changed in recent years in Florida?

In recent years, the penalties for first-time DUI offenders in Florida have become more severe. The punishments for a first-offense DUI now include a jail sentence of up to six months, a fine of up to $1,000, a license suspension of up to one year, the installation of an ignition interlock device on the violator’s vehicle for at least six months, and the requirement that the violator complete an alcohol treatment program. Additionally, first-time DUI offenders may also be placed on probation for up to one year.

Are there new ignition interlock device (IID) requirements or policies in Florida?

Yes, there are new IID requirements and policies in Florida. Under Florida’s ignition interlock law, certain individuals must install an IID in their vehicles for a period of time after a DUI conviction. These individuals must have an IID installed for at least six months before they can restore their driving privileges. The law also requires all DUI offenders to pay a fee to have the IID installed and maintained. Additionally, the law requires all first-time DUI offenders to complete a substance abuse education program.

Have there been changes to the process of DUI checkpoints and stops in Florida?

Yes, there have been several changes to DUI checkpoints and stops in Florida. In 2018, the state legislature amended the law to allow DUI checkpoints to be conducted in certain areas only, and to require that police officers provide drivers with a signed statement of the location and purpose of the checkpoint. Additionally, a vehicle may no longer be impounded solely for a first-offense DUI, and police officers must obtain a warrant to draw blood from a driver suspected of impaired driving. Furthermore, officers must also now wait 15 minutes before making an arrest after a driver has refused to take a breath test. These changes are intended to help protect drivers from unnecessary search and seizure.

What impact have recent legal changes had on DUI/DWI sentencing in Florida?

Recent legal changes in Florida have had a significant impact on the sentences handed down to those convicted of driving under the influence (DUI). The most significant change was the passage of the Ignition Interlock Device (IID) law in 2008, which requires individuals convicted of a DUI to install an IID in their vehicle for a certain period of time. This law also requires those convicted of a DUI to attend an approved DUI school program. Additionally, Florida has increased mandatory minimum jail times and fines for multiple DUI offenses, as well as enhanced penalties for individuals with particularly high blood alcohol content levels.

Are there new diversion or treatment programs for DUI offenders in Florida?

Yes. There are a variety of new diversion and treatment programs for DUI offenders in Florida. Depending on the offender’s situation, they may be eligible for a DUI intervention program, a deferred prosecution program, an educational program such as the DUI Prevention Program or a treatment program. In some cases, an offender may also be eligible for house arrest or other forms of community supervision.

Has the process for DUI/DWI testing or blood draws been modified in Florida?

Yes, due to the COVID-19 pandemic, the Florida Department of Law Enforcement (FDLE) has issued guidelines for modifying DUI/DWI testing and blood draws. In general, blood draws should be conducted following universal precautions, such as wearing protective gear and using sanitization procedures. For DUI/DWI testing, this includes ensuring that officers maintain proper social distancing, minimize contact with suspects, and use protective equipment. Additionally, FDLE encourages officers to consider alternative forms of intoxication testing, such as Urinalysis or Breathalyzer tests, if available.

Have recent changes affected the availability of plea bargains in DUI cases in Florida?

Recent changes have not significantly affected the availability of plea bargains in DUI cases in Florida. Plea bargains are still a common practice in DUI cases in Florida and prosecutors generally allow defendants to plead guilty to lesser charges as part of a plea agreement. A recent change that could affect the availability of plea bargains is the enactment of the Ignition Interlock Device (IID) Law in July 2019. Under this law, certain DUI offenders must install an IID prior to being eligible for a plea bargain.

Are there specific changes in DUI laws for underage drivers in Florida?

Yes, there are specific changes in DUI laws for underage drivers in Florida. Drivers under the age of 21 who are found to have a blood alcohol content (BAC) of 0.02% or higher will be subject to an administrative license suspension for six months. Additionally, drivers under the age of 18 who are found to have any trace of alcohol in their system will be subject to the same suspension. Furthermore, anyone under 21 who is found to have a BAC of 0.08% or higher will be charged with a DUI and may face additional penalties.

Have there been updates to DUI laws regarding marijuana or other drugs in Florida?

Yes, there have been updates to DUI laws regarding marijuana and other drugs in Florida. In 2020, the state legislature passed a new law that states that drivers with a blood or urine level containing more than 5 nanograms of active THC (the psychoactive ingredient in marijuana) per milliliter of blood or 10 nanograms per milliliter of urine will be presumed to be intoxicated. Additionally, the law states that anyone who is convicted of a DUI involving marijuana or any other drugs must have an ignition interlock device installed in their vehicle for at least 6 months.

What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Florida?

In 2019, Florida implemented tougher DUI penalties for commercial driver’s license (CDL) holders. These changes include:

• A minimum three-year suspension for a first-time offense with a BAC of 0.04 or higher;

• A minimum three-year suspension for a first-time offense with a BAC of 0.08 or higher;

• A lifetime ban from operating a commercial motor vehicle with a BAC of 0.04 or higher, if the offender has two or more convictions within ten years; and

• An automatic one-year suspension for any DUI offense, regardless of the BAC level.

Are there new reporting requirements for DUI/DWI convictions to other states in Florida?

No, there are no new reporting requirements for DUI/DWI convictions to other states in Florida. However, the Florida Department of Highway Safety and Motor Vehicles is required to report all out-of-state convictions to the state where the conviction occurred.

How have recent changes impacted the use of body cameras or dashcams during DUI stops in Florida?

Recent changes have had a significant impact on the use of body cameras and dashcams during DUI stops in Florida. In April 2018, the Florida Legislature enacted an amendment that requires all law enforcement officers in the state to wear body cameras while conducting DUI stops. This amendment also requires that all law enforcement vehicles be equipped with a dashcam that will automatically turn on when the emergency lights are activated. Furthermore, footage recorded from body cameras and dashcams must be retained for a minimum of 90 days and made available upon request. These changes have brought greater transparency to DUI proceedings, allowing for better oversight of law enforcement and improved protection of citizens’ rights.

Have there been changes to DUI laws related to accidents causing injury or death in Florida?

Yes. In July 2019, Florida Governor Ron DeSantis signed a new bill that increases the penalties for DUI-related offenses that result in injury or death. Specifically, the law makes it a third-degree felony if a person is convicted of driving under the influence (DUI) and causes serious bodily injury to another person, and it makes it a second-degree felony if a person is convicted of DUI and causes death. In addition, the new law requires those convicted of DUI resulting in injury or death to complete a minimum of two years of probation and perform at least 250 hours of community service. The law also requires that DUI offenders submit to 10 hours of DUI school instruction and pay fines and court costs associated with the offense.

Are there new policies or laws regarding DUI expungement or record sealing in Florida?

Yes, there are some new laws regarding DUI expungement and record sealing in Florida. In 2019, the new legislation, known as the “Fresh Start Act” was passed which made it easier for people with a criminal history to clean it up and make it easier to find employment. This law provides for the expungement of certain felonies and misdemeanors after a waiting period of 5-7 years. It also allows for the sealing of certain criminal history records after 10 years. For more information on this law, please visit the website of the Florida Department of Law Enforcement.

Have recent legal changes affected DUI insurance rates in Florida?

Yes, recent legal changes have affected DUI insurance rates in Florida. In July 2019, Florida lawmakers passed a law that requires a vehicle owner to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) coverage if the driver is convicted of a DUI. This is in addition to the minimum $10,000 in Bodily Injury Liability (BIL) coverage required for all drivers. These increases in coverage requirements have led to an increase in DUI insurance rates in Florida.

What changes have been made to DUI/DWI court processes and procedures in Florida?

1. The Office of Program Policy Analysis and Government Accountability (OPPAGA) conducted a study of the Florida DUI/DWI court system and recommended several changes to strengthen the court processes and procedures. These changes included introducing specialized DUI/DWI courts in each judicial circuit to handle all DUI/DWI cases, utilizing a standardized approach to treatment and monitoring for DUI/DWI offenders, and providing comprehensive assessment and treatment for all DUI/DWI offenders.

2. Florida courts have implemented a sanctions matrix to ensure that each offender is subject to the appropriate level of punishment. This matrix takes into account such factors as blood-alcohol levels, prior convictions, and the severity of the offense.

3. The state has also established a system where judges can access records from the Department of Highway Safety & Motor Vehicles (HSMV) to review an offender’s past driving history and check for any prior DUI/DWI convictions.

4. To improve education and awareness about the dangers of drinking and driving, Florida has implemented a mandatory drunk driving education program for all convicted offenders. This program is designed to educate offenders on the risks associated with drinking and driving, as well as provide resources for treatment and counseling.

5. Lastly, all DUI/DWI offenders in Florida must install an ignition interlock device in their vehicles before they are allowed to drive again. This device prevents an offender from driving if their breath test results indicate a blood-alcohol level of greater than 0.08%.

Are there additional resources or diversion programs for individuals with substance abuse issues in Florida?

Yes, there are additional resources and diversion programs for individuals with substance abuse issues in Florida. Examples include court-ordered substance abuse treatment, medication-assisted treatment (MAT), and intensive outpatient programs. Additionally, there are several programs that may be available to those accused of drug-related offenses, including Drug Court, Pretrial Intervention Program (PTI), and Deferred Prosecution Program (DPP). These programs may provide access to treatment and other services while avoiding a criminal conviction.

What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Florida?

1. Refer to the official websites of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the Florida Office of the State Attorney for the latest information on DUI/DWI laws in Florida.

2. Use social media to stay up-to-date with current DUI/DWI news and changes in laws. Follow DUI law attorneys, defense lawyers, and DUI/DWI advocacy organizations that are regularly posting updates on changes in the law.

3. Consult with a DUI law attorney who is familiar with Florida DUI/DWI laws and can provide you with updated information on new laws and changes to existing laws.

4. Attend seminars sponsored by the National College for DUI Defense or other organizations that focus on DUI defense to stay informed about changes in Florida DUI/DWI laws.

5. Monitor legislation being proposed in the Florida State Legislature by visiting their website regularly for updates on any new bills or proposed changes to existing laws.