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FL:  Lawmaker combines ‘accountability’ and ‘compassion’ in drunk driving bill

FL:  Lawmaker combines ‘accountability’ and ‘compassion’ in drunk driving bill

Tallahassee Democrat.

By James Call, Tallahassee Democrat

January 7, 2020

Calling it a melding of compassion and accountability, a top state lawmaker is proposing a new way to deal with first-time DUI offenders.

Senate President pro tempore David Simmons, R-Altamonte Springs, has filed a bill (SB 1396) to create what’s known as a “diversion” program for people caught driving while impaired.

Simmons, who chairs his chamber’s Judiciary Committee, wants to create a year-long pilot program for first offenders. Upon completion, a judge would withhold adjudication (meaning no formal conviction) on a driving under the influence charge. It could also save offenders thousands of dollars.

The program would be open to drivers not involved in a crash, who did not have a minor as a passenger, and had a blood-alcohol level of 0.20 or lower. If they agree to participate in the program, their driver’s license would not be suspended.

They would, however, have to plead guilty to a reckless driving charge, perform community service and agree to have a device in their car that prevents it from starting if it detects alcohol in the driver’s breath.

“This is for people who made a mistake but still need to drive to a job,” Simmons said. “It is to not let a DUI destroy their future if they meet the qualifications.”

A driver caught impaired by drugs — including alcohol — faces a fine of up to $1,000 and six months in jail for a first conviction. The conviction can remain on their record for up to 10 years. During that time, their car insurance costs can double or triple.

The organization Alcohol.Org estimates a drunk driving conviction can cost up to $6,000 in fines, attorney fees and increased insurance premiums, and another $4,400 in lost wages.

For drivers who can’t afford to install an ignition interlock device, Simmons’ proposal allocates money to subsidize one. The Central Florida lawmaker pioneered the use of interlocks when he was in the Florida House in 2002.

He championed legislation to put the reins on people with multiple DUIs. Other states followed Florida’s lead; a subsequent study by the Centers for Disease Control and Prevention found such devices reduced re-offending by 67 percent.

“It is a logical extension of what we did in 2002. It will save lives and shows a little bit of compassion for first-time offenders,” Simmons explained. “People have to drive but we have to ensure that they won’t drive drunk. This makes sense.”

Simmons has lined up support from Mothers Against Drunk Driving (MADD) and a handful of state attorneys for the proposal he filed this week.

Lawmakers return to Tallahassee next week for the annual 60-day legislative session that starts on Tuesday.