Understanding the New Legislation Aimed to Curb Drunk Driving in Florida
Stiffer penalties could be on the horizon for Florida drivers who opt not to take a breathalyzer test. A new piece of proposed legislation aims to mandate the installation of an ignition interlock device in the vehicles of such drivers for a full year.
Currently, when suspected of DUI, any Florida driver who declines a breathalyzer test is automatically subjected to a one-year suspension of their driver's license. Despite this suspension, many motorists retain the ability to drive their vehicles - a fact that this legislation aims to alter.
The proposed law stipulates that a driver who refuses the breathalyzer would be mandated to install an ignition interlock device on their vehicle, at their own cost, for an entire year. This would effectively disable their ability to drive with a suspended license. This device, essentially a breath alcohol analyzer, is connected to the ignition of a vehicle and requires a breath sample from the driver before the vehicle can be started.
This proposal, Senate Bill 296, is sponsored by State Senator Nick DiCeglie, a Republican from Pinellas. The initiative has garnered robust support from law enforcement officials.
Donald Pritchard, representing the International Union of Police Associations, praised the bill as a critical measure for combating impaired driving. He pointed out that, on average, a driver under the influence will have driven 80 times before their first DUI arrest, and noted that this bill could prevent those with suspended licenses from continuing to drive.
Existing Florida law mandates ignition interlocks for repeat DUI offenders. A first-time offender is required to have the device installed for six months if their blood alcohol content is 0.15 or above or if a minor was present in the vehicle at the time of arrest.
Florida's refusal rate for DUI breath tests exceeded 35% in 2022, as per a Senate bill analysis. This rate is notably higher than the national average of 24%.
Kristen Allen, the Florida Executive Director for Mothers Against Drunk Drivers (MADD), lauded the efficacy of ignition interlocks in Florida. However, the proposal is not without detractors.
Aaron Wayt, Legislative Committee Chair with the Florida Association for Criminal Defense Lawyers, questioned why refusal cases should mandate expensive interlock devices before any judicial review. He also raised concerns about the costs of these devices. He remarked that currently, when a convicted DUI offender is ordered to install an ignition interlock device, court costs are offset. This would not be the case for pre-conviction instances. Wayt also questioned the reliability of a specific breathalyzer machine, the Intoxilyzer 8000.
The proposed law also aims to reduce the waiting period for a person to apply for a restricted license after failing to submit to lawful testing, from 90 to 30 days post-license suspension.
This is not the first instance of such a proposal in the Legislature, with similar attempts dating back to 2017. The House version of the bill (HB 197) has made it past two committees to date.