Senate Bill sb0638

    Florida Senate - 2004                                   SB 638

    By Senator Miller





    18-742-04

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.1933, F.S.; requiring a law

  4         enforcement officer to administer a field

  5         sobriety test to the driver or person in

  6         control of any motor vehicle involved in a

  7         traffic accident resulting in death or serious

  8         bodily injury; providing for administration of

  9         blood tests in certain circumstances; providing

10         an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (1) of section 316.1933, Florida

15  Statutes, is amended to read:

16         316.1933  Blood test for impairment or intoxication in

17  cases of death or serious bodily injury; right to use

18  reasonable force.--

19         (1)(a)  If a law enforcement officer has probable cause

20  to believe that a motor vehicle driven by or in the actual

21  physical control of a person under the influence of alcoholic

22  beverages, any chemical substances, or any controlled

23  substances has caused the death or serious bodily injury of a

24  human being, or if a law enforcement officer believes that a

25  person given a field sobriety test under paragraph (b) has

26  failed that test, the a law enforcement officer shall require

27  the person driving or in actual physical control of the motor

28  vehicle to submit to a test of the person's blood for the

29  purpose of determining the alcoholic content thereof or the

30  presence of chemical substances as set forth in s. 877.111 or

31  any substance controlled under chapter 893.  The law

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 638
    18-742-04




 1  enforcement officer may use reasonable force if necessary to

 2  require such person to submit to the administration of the

 3  blood test.  The blood test shall be performed in a reasonable

 4  manner. Notwithstanding s. 316.1932, the testing required by

 5  this paragraph need not be incidental to a lawful arrest of

 6  the person.

 7         (b)  A law enforcement officer shall perform a field

 8  sobriety test on the person driving or in actual physical

 9  control of any motor vehicle that was involved in a traffic

10  accident that resulted in the death or serious bodily injury

11  of a human being. If the law enforcement officer believes that

12  the person is intoxicated or impaired, based on the person's

13  performance on the field sobriety test, the officer shall

14  require the person to submit to a blood test under this

15  section.

16         (c)(b)  The term "serious bodily injury" means an

17  injury to any person, including the driver, which consists of

18  a physical condition that creates a substantial risk of death,

19  serious personal disfigurement, or protracted loss or

20  impairment of the function of any bodily member or organ.

21         Section 2.  This act shall take effect July 1, 2004.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Requires a law enforcement officer to administer a field
      sobriety test to the person driving or in control of any
26    motor vehicle involved in a traffic accident in which
      death or serious bodily injury occurs. If the officer
27    believes that the person has failed the field sobriety
      test, the person must be given a blood test for alcohol
28    or chemical or controlled substances.

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30  

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CODING: Words stricken are deletions; words underlined are additions.