HB 409

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


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