DUI Laws
On April 7, 2002 Governor Bush signed a Bill that changed many of the DUI laws. Below is a list of some of the DUI laws that have either changed or will be new Florida DUI laws as of July 2003.
Felony Driving Under The Influence
- A third DUI conviction within ten years of any prior DUI is a third degree felony. Prior to July of 2002 a third DUI within 10 years was a misdemeanor offense. Some Florida jurisdictions will still prosecute these cases as misdemeanors.
Ignition Interlock Devices
-An Ignition Interlock Device is a device placed inside a vehicle which requires the driver to breathe into a tube before the car will start. If any alcohol is detected on the drivers breath the vehicle will not start.
-Any person convicted of a second or third DUI that intends to obtain a permanent or restricted driver license, will be required to have an ignition interlock device installed in their vehicle at their own expense. The number of DUI convictions determines how long the interlock device must remain in the car. Previous to the new law (effective July 2003), Interlock devices were only installed in vehicles pursuant to court order. Drivers will now be required to submit proof of the interlock installation to the Department of Highway Safety and Motor Vehicles.
Breath Refusal Law Changes
-As of July 1, 2002, a second refusal to submit to a breath test can be charged as a first degree misdemeanor punishable by up to one year in county jail. The license suspension will remain at 18 months. The constitutionality of this new law is being challenged by multiple criminal defense lawyers throughout the state.
Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through IACP.
The three tests
of the SFST are:
1. the horizontal gaze nystagmus (HGN)
2. the walk-and-turn
3. the one-leg stand.
These tests are administered systematically
and are evaluated according to measured responses
of the suspect.
HGN Testing
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.
Divided Attention Testing
The walk-and-turn test and one-leg stand test are "divided attention" tests that are easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the more convincing the testimony. Because SFST is administered according to national standards and is supported by significant research, it has greater credibility than mere subjective testimony.
Alternative Testing Methods
Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. If the proper motions are filed, these test are usually not admissible at trial.