Proposed Legislation Would Penalize Drivers for Refusal and Require Mandatory Ignition Interlock Devices
In a continued effort to reduce the rate of drunk driving across Florida, lawmakers are pushing for stronger penalties, including targeting drivers who refuse to take a breathalyzer test upon arrest. Two bills currently making their way through the Florida Senate propose significant changes to current law, aiming to hold drivers accountable even before they are convicted of driving under the influence (DUI).
New Penalties for Refusing a Breathalyzer Test
One of the key bills, Senate Bill 232 (SB 232), introduces a second-degree misdemeanor charge for drivers who refuse a breathalyzer test for the first time. Currently, a first refusal results in the automatic suspension of a driver's license, but this new proposal takes it a step further by criminalizing the refusal itself.
For many defense attorneys and civil rights advocates, this raises concerns about the presumption of innocence, a foundational principle of the legal system. Critics argue that punishing a driver before guilt has been established in court can infringe upon due process rights. Supporters, however, emphasize the urgent need to address Florida’s high rate of DUI incidents, noting that nearly 35% of drivers arrested for DUI in the state refuse to take a breathalyzer test, a figure much higher than the national average.
Mandatory Ignition Interlock Devices for Refusers
Alongside SB 232, another bill—Senate Bill 260 (SB 260)—focuses on requiring drivers who refuse a breathalyzer test to install an ignition interlock device in their vehicle for a year. These devices prevent a car from starting unless the driver blows into a breathalyzer attached to the ignition system and registers below the legal limit of 0.08% blood alcohol concentration. Ignition interlock devices are already mandated for certain DUI convictions in Florida, but this bill would extend the requirement to anyone who refuses the initial breathalyzer, even if they have not yet been convicted of a DUI.
The cost of installing and maintaining these devices, often exceeding $1,000 annually, adds a significant financial burden to those facing DUI charges. However, proponents of the measure, including Mothers Against Drunk Driving (MADD), argue that the devices are an effective deterrent, citing data that shows thousands of attempts to drive drunk have been stopped by these devices.
Public Safety Versus Due Process
While advocates for these bills, like Senate Sponsor Nick DiCeglie, a Republican from St. Petersburg, argue that "driving is a privilege, not a right," others, like State Senator Geraldine Thompson, a Democrat from Windermere, express concerns over the potential erosion of due process. Thompson argues that the measures penalize individuals before their guilt has been proven, emphasizing that there are often legitimate reasons a person might refuse a breathalyzer test—such as medical conditions or faulty equipment.
The Florida Association of Criminal Defense Lawyers has also raised objections, particularly with the provision in SB 260 that mandates the installation of an ignition interlock device before a driver’s first court date. They argue this prematurely imposes a penalty before the facts of the case have been properly examined.
The Broader Impact on DUI Enforcement
The proposed bills are part of a broader trend in DUI legislation across the country aimed at reducing drunk driving by increasing penalties and closing perceived loopholes. Florida has long imposed tough penalties for DUI offenses, including ignition interlock requirements for repeat offenders and drivers who blow above a blood alcohol concentration of 0.15%, nearly twice the legal limit. However, the new legislation would expand these requirements to drivers who have not yet been convicted, sparking debate about the balance between public safety and individual rights.
Kristen Allen, the Florida Executive Director for MADD, points out that 1,115 people were killed in Florida in 2022 due to drunk driving incidents, underscoring the human cost of impaired driving. According to Allen, ignition interlock devices have already prevented over 130,000 attempts to drive drunk in Florida from 2006 to 2022, including nearly 12,000 attempts in 2022 alone.
The Senate Fiscal Policy Committee recently passed SB 260 with a 19-1 vote, marking its final hurdle before a vote on the Senate floor. SB 232 has also garnered significant support, but it still has two more committee stops before reaching the full Senate for a vote.
Legislative Outlook and Potential Challenges
While the bills enjoy strong backing from law enforcement and anti-drunk driving organizations, they face stiff opposition from civil liberties groups and defense attorneys concerned about the implications for due process. Senate Sponsor Tom Wright, a Republican from Port Orange, insists that the goal of the legislation is to reduce DUI incidents on Florida’s roads, but opponents remain skeptical of its fairness.
The debate centers not only on the practical aspects of implementing these changes but also on the philosophical question of whether it is just to impose penalties on individuals before they have had their day in court.
The outcome of this legislative effort will shape DUI enforcement in Florida for years to come, and drivers across the state will need to be aware of these potential changes to the law.
If you or a loved one are facing DUI charges in Florida, understanding the legal landscape is crucial. The penalties for DUI and even refusing a breathalyzer test are becoming more severe, and having the right legal defense can make all the difference. Musca Law, P.A. has a team of experienced criminal defense attorneys ready to help you navigate these charges. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. serves all 67 counties in Florida and is available 24/7/365 at 1-888-484-5057 to assist you with your DUI defense.