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. |