The Florida Senate is considering significant changes to the state’s DUI laws through Senate Bill 138 (SB 138), a legislative proposal aimed at tightening penalties for impaired driving and expanding enforcement measures. Sponsored by Senator Wright, the bill seeks to reduce alcohol- and drug-related accidents by imposing tougher consequences on drivers and boaters suspected of operating under the influence.
If passed, SB 138 would introduce substantial adjustments to Florida’s DUI laws. Here’s what residents need to know about the proposed changes.
Expanded Definition of DUI
Senate Bill 138 broadens the definition of driving under the influence (DUI) in Florida. Under current law, a DUI typically involves operating a vehicle while impaired by alcohol or drugs, with a blood alcohol concentration (BAC) of 0.08% or higher under Florida Statutes § 316.193.
The new bill expands this definition, making it illegal to operate or have physical control of a vehicle while impaired by any intoxicating substance. This clarification aims to cover not just alcohol and illegal drugs but also impairments caused by prescription medications and other substances that could affect driving ability.
Stricter Penalties for Refusing Chemical Testing
SB 138 also targets individuals who refuse chemical testing during a DUI stop. Under Florida's Implied Consent Law (Florida Statutes § 316.1932), drivers automatically consent to breath, urine, or blood tests if law enforcement has probable cause for a DUI stop.
The proposed legislation strengthens penalties for refusing chemical tests. Currently, a first refusal can result in a one-year license suspension. If SB 138 passes:
- First Refusal: Drivers would face a second-degree misdemeanor charge.
- Second Refusal: Refusing a second time could result in a first-degree misdemeanor, carrying more severe fines and possible jail time.
These increased penalties emphasize the importance of compliance during a DUI investigation and aim to prevent drivers from avoiding BAC evidence.
Introduction of DUI Diversion Programs
A significant aspect of SB 138 is its provision for DUI diversion programs across Florida judicial circuits. Diversion programs offer certain first-time offenders an opportunity to reduce penalties by completing court-ordered requirements, such as:
- DUI education courses
- Community service hours
- Substance abuse counseling
However, SB 138 specifies that those who successfully complete a diversion program will not be eligible for future participation if they face DUI charges again. This provision maintains a balance between rehabilitation and accountability.
Harsher Consequences for License Violations
The bill also proposes tougher penalties for individuals who continue to drive with:
- A suspended license
- A revoked license
- A canceled license
Operating a vehicle under these circumstances can result in longer suspensions, steeper fines, and enhanced criminal charges, depending on the severity of the violation and prior offenses.
Boating Under the Influence (BUI) Reforms
SB 138 doesn’t just focus on road vehicles—it extends Florida’s DUI laws to the operation of boats. Under Florida Statutes § 327.35, boating under the influence (BUI) is already a criminal offense, but SB 138 seeks to align BUI penalties with standard DUI offenses.
If passed, boaters convicted of BUI would face:
- License suspensions for their boating and driving privileges
- Mandatory substance abuse courses
- Increased fines and potential jail time for repeat offenses
These reforms aim to improve safety on Florida’s waterways, particularly in areas with high boating traffic where alcohol consumption is common.
Search Warrants for Blood Testing in DUI Investigations
A key enforcement provision in SB 138 is the authorization for search warrants for blood testing. If a driver or boater refuses a chemical test but is suspected of DUI, law enforcement would have the authority to obtain a search warrant for a blood sample.
This provision helps secure critical evidence in DUI cases, especially when an accident results in injury or death. It aligns with Florida Statutes § 933.02, which allows search warrants in criminal investigations when probable cause exists.
How These Changes Could Impact Florida Drivers and Boaters
If SB 138 becomes law, the consequences for DUI and BUI violations in Florida will become significantly harsher. Some of the potential impacts include:
- Increased Arrests: Broader definitions of impairment could result in more DUI arrests.
- Tougher Penalties for Non-Compliance: Refusing chemical tests would carry criminal charges in addition to license suspensions.
- Expanded Use of Evidence: Search warrants for blood tests would allow prosecutors to gather stronger evidence against defendants.
- Reduced Options for Repeat Offenders: Limited participation in diversion programs would make it harder for repeat offenders to avoid convictions.
Why Retaining a Private DUI Attorney Matters
When facing DUI charges, it’s crucial to have a skilled defense attorney who understands Florida’s evolving DUI laws. Here’s why hiring private counsel can make a difference:
- In-Depth Case Analysis: Private attorneys can thoroughly investigate whether law enforcement followed proper procedures during the stop and arrest.
- Fighting License Suspensions: A DUI lawyer can represent you at the DHSMV hearing, which must be requested within 10 days of arrest, to challenge the administrative suspension of your license.
- Challenging Evidence: From field sobriety tests to breathalyzer accuracy, a private attorney can identify flaws in the prosecution’s evidence.
- Negotiating Reduced Charges: With the introduction of diversion programs, an attorney can argue for eligibility and help you meet the requirements for a favorable outcome.
The earlier you secure representation, the better your chances of protecting your rights and minimizing penalties under Florida’s stricter laws.
Florida DUI and BUI Law FAQs
What is Senate Bill 138 and how does it affect DUI charges in Florida?
Senate Bill 138 (SB 138) is a legislative proposal aimed at increasing penalties for DUI offenses in Florida. It expands the definition of DUI to include impairment from any intoxicating substance, increases penalties for refusing chemical tests, and introduces DUI diversion programs.
How does SB 138 affect boating under the influence charges in Florida?
SB 138 extends DUI laws to boating under the influence, making penalties for BUI nearly identical to those for driving under the influence. This includes potential license suspensions, fines, and mandatory alcohol education courses for offenders.
Can I refuse a breath test if SB 138 passes?
Under SB 138, refusing a chemical test would result in criminal charges. A first refusal could lead to a second-degree misdemeanor, while a second refusal could be charged as a first-degree misdemeanor with harsher penalties.
What are the benefits of hiring a private DUI attorney in Florida?
A private DUI attorney can challenge the legality of your traffic stop, question the reliability of field sobriety tests, and represent you at DHSMV hearings to fight license suspensions. They can also negotiate for diversion programs when applicable.
How soon should I contact a lawyer after a DUI arrest in Florida?
You should contact a defense lawyer immediately after your arrest. Florida law allows you to request legal counsel once in custody, and a lawyer can protect your rights during questioning and help you request a DHSMV hearing within 10 days to fight your license suspension.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.