Friday, August 8, 2014

Changes to Orlando DUI Laws ǀ Drunk Driving Laws

For those who were charged with the offense of Driving Under the Influence (DUI) prior to July 1, 2014, Florida Courts would impose the condition of the ignition interlock device only individuals who were either charged with a subsequent DUI (see Florida Statute §316.193(2)(a)(3)) or with a DUI where there was a blood alcohol or breath alcohol level that measured in excess of 0.150 or had a minor in the car (see Florida Statute §316.193(4)).

Following the 2014 Legislative Session, Florida Statute §316.193 has been amended by adding §316.193(2)(c).  In addition to the penalties already listed in §316.193(2), Florida Courts may now impose the following:

the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level of .08 or higher.

In addition, the amendments made to Florida Statute §316.193 authorize a Court to dismiss an order of impoundment or immobilization, as a result of DUI, if the defendant provides proof to the Court that a certified ignition interlock device has been installed on all vehicles individually or jointly leased or owned, and routinely operated by the convicted person. (see Florida Statute §316.193(6)(i)).

Finally, Florida Statute §316.193(6)(j)(1) authorizes a Court to order a person to participate in a “qualified sobriety and drug monitoring program,” authorized by the Department, in addition to the ignition interlock device requirement.  Participation in this program will be at the person’s sole expense.  However, it should be noted that at the current time, there are no Department approved “qualified sobriety and drug monitoring programs.”