Proposed Changes to Florida DUI Laws Could Have Affected Sober Drivers

May 12, 2012

Florida Senate Bill 1810 proposed sweeping changes to Florida's laws governing driving under the influence of alcohol or drugs. There were some obvious changes that would have had an immediate affect; for example, the new law would have categorized the offense as "driving while impaired" instead of "driving under the influence." This may seem like a mere semantic argument since most people assume DUI and DWI are interchangeable terms, -- and that might even be true in some jurisdictions -- but in legal parlance, the new law and old one were as different as night and day.

The bill would have greatly increased the reach of law enforcement officials regarding driving a car while under the influence of or impaired by alcohol, drugs or "other impairing substances." The bill didn't specifically define how the legislature would define "other impairing substances," but some legal industry experts have surmised that the provision was purposely vague so that sweeping tests could be performed to search for even the faintest trace of drugs (drug "metabolites") or alcohol in a driver's system.

The law would still be kept in check by the .08 BAC for those accused of driving under the influence of alcohol, but made no headway into offering explicit guidance to police and prosecutors seeking some measure of clarity on when a narcotic or prescription medication is of sufficient volume to be "impairing" the driver. Current Florida law is not clear on that subject either, and the majority of so-called "drugged driving" cases are decided on a fact-specific, one-by-one basis.

Lucky for Florida drivers, SB 1810 died in committee earlier this year, but it is entirely possible that similar provisions could be passed in future legislative sessions. Even though the law isn't changing right now, a Florida DUI charge is still a serious matter. If you or a loved one is facing an allegation of driving under the influence, seek the advice of a skilled drunk driving defense attorney in your area to learn more about protecting your legal rights and minimizing the consequences of a conviction.

Article provided by Arnold Law Firm, LLC
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