| 1 | A bill to be entitled |
| 2 | An act relating to driving under the influence; creating |
| 3 | s. 316.19345, F.S.; requiring that a defendant charged |
| 4 | with driving under the influence be held in custody until |
| 5 | a first appearance hearing; requiring specified |
| 6 | investigation prior to and presentation of findings at |
| 7 | such a hearing; specifying factors to be considered in |
| 8 | determining whether to grant pretrial release; prohibiting |
| 9 | release of a defendant after a first appearance hearing |
| 10 | until specified conditions are met; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 316.19345, Florida Statutes, is created |
| 16 | to read: |
| 17 | 316.19345 Driving under the influence; custody; first |
| 18 | appearance; pretrial release.-- |
| 19 | (1) When a defendant is arrested for any charge of driving |
| 20 | under the influence, he or she shall be held in custody until |
| 21 | brought before the court for admittance to pretrial release in |
| 22 | accordance with chapter 903. |
| 23 | (2) Prior to a defendant's first appearance for any charge |
| 24 | of driving under the influence, the state attorney's office |
| 25 | shall perform a thorough investigation of the defendant's |
| 26 | criminal history, including, but not limited to, prior arrests |
| 27 | for criminal traffic offenses. This information shall be |
| 28 | presented at first appearance for consideration by the court |
| 29 | when considering pretrial release of the defendant. In |
| 30 | determining whether to grant pretrial release, the court shall |
| 31 | consider the factors enumerated in s. 903.046. |
| 32 | (3) A defendant who is arrested for driving under the |
| 33 | influence shall not be released from custody after his or her |
| 34 | first appearance until: |
| 35 | (a) At least 8 hours have elapsed from the time that he or |
| 36 | she was arrested; or |
| 37 | (b) He or she: |
| 38 | 1. Is no longer under the influence of alcoholic |
| 39 | beverages, any chemical substance set forth in s. 877.111, or |
| 40 | any substance controlled under chapter 893 and affected to the |
| 41 | extent that his or her normal faculties are impaired; or |
| 42 | 2. Has a blood-alcohol level or breath-alcohol level less |
| 43 | than 0.05 and was alleged to have been driving under the |
| 44 | influence of alcoholic beverages. |
| 45 | Section 2. This act shall take effect July 1, 2006. |