If the State of Florida does not have to prove impairment then people are going to be prosecuted for driving. It sounds ridiculous and it is
Fort Lauderdale, Florida (PRWEB) February 07, 2012
On January 7, 2012, Florida Senate Bill 1810 was filed by Senator Stephen Wise. The bill is intended to amend Florida Statute § 316.193. The bill includes three new amendments which would have a dramatic effect on DUI prosecutions across the State of Florida. The proposed amendments to Florida Statute § 316.193(1) subsections b, c & d would effectively redefine the crime of DUI in the State of Florida.
Currently, the State of Florida must prove that an individual had a blood or breath alcohol concentration of .08 or higher while in actual physical control of a motor vehicle to convict an individual of DUI. The proposed legislation would amend subsection (1)(b) of Florida Statute § 316.193 and redefine the crime of DUI making it a crime to have a breath or blood alcohol concentration of .08 or higher at anytime after driving as a result of alcohol consumed before or during driving.
With regard to drug impairment theories of prosecution, Florida law currently requires that an individual be impaired by a controlled substance while driving in order to be convicted of a DUI. Subsections (1)(c) & (d) of the proposed legislation expand the definition of impairment to include the presence of a metabolite of a Schedule I-IV controlled substance. The proposed legislation also increases the scope of the substances that define impairment by adding all drugs in the Federal Register and "any other substance."
"Senate Bill 1810 is so over broad that it would be comical if it didn't stand a chance of actually passing. The bill proposes that the State does not have to prove that you were driving under the influence of alcohol or drugs in order to convict. If the State can prove that you were drunk after driving, that is good enough to convict. The bill also adds a metabolite DUI provision. What this means is the State does not have to prove that you were impaired by a drug to convict. The State does not have to prove that you had any drug in your system whatsoever. By adding a metabolite provision, a high school senior who smoked marijuana two weeks ago would be guilty of a DUI today. If the State of Florida does not have to prove impairment then people are going to be prosecuted for driving. It sounds ridiculous and it is. I've heard from defense attorneys from different parts of Florida and all are extremely concerned about this bill," stated Michael Dye, a DUI Defense Attorney in Fort Lauderdale, Forida.
ABOUT Michael A. Dye: Michael A. Dye is a criminal & DUI defense attorney in Fort Lauderdale, Florida. Mr. Dye is admitted to the Florida Bar and the Southern District of Florida. Mr. Dye handles DUI, misdemeanor and felony criminal defense matters in Broward & Palm Beach Counties. More information on the firm and Mr. Dye can be found at http://www.AlcoholAndDrugLaw.com.
For More Information Contact Michael A. Dye, (954)745-5848 or Michael(at)AlcoholAndDrugLaw(dot)com