The 2023 Florida Statutes (including Special Session C)
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. . . See § 316.193(1)(a), Fla. Stat. (criminalizing driving under the influence of drugs). . . .
. . . while under the influence of an alcoholic beverage or controlled substance, in violation of Section 316.193 . . .
. . . Sections 316.027(2)(c), 316.193(3)(c)1., and 316.193(3)(c)3.a., Florida Statutes (2016), respectively . . .
. . . court informed him that a conviction of DUI involving serious bodily injury to another under section 316.193 . . .
. . . See § 316.193(2)(b)(1), Fla. Stat. (2016). . . .
. . . Driving under the 316.193(1) 28.1 Influence Driving under the 316.193(3)(a), 28.3 influence causing ( . . . (2)(b)1 or § 316.193(2)(b)3, Fla. . . . (2)(b)1. or 316.193(2)(b)3. . . . ONE TWO Driving under 316.193(1) 28.1 the influence Attempt 777.04(1) 5.1 Driving under 316.193(3)(a) . . . TWO Driving under the 316.193(3)(a)(b)(c)1. 28.1 influence causing injury 28.1(a) Driving under the 316.193 . . .
. . . Background The information charged Appellant DUI Manslaughter in violation of sections 316.193(1)(a) . . . and 316.193(3)(a)(b)(c)3.a, Florida Statutes, in Count 1 and DUI Manslaughter-UBAL in violation of sections . . . 316.193(1)(b) and 316.193(3)(a)(b)(c)3.a, Florida Statutes, in Count 2. . . . However, the judgment lists the offense as having been committed under both sections 316.193(1)(a) and . . . 316.193(3)(a)(b)(c)3.a, Florida Statutes. . . .
. . . See § 316.193, Fla. Stat. (2011). . . . manslaughter requires proof that a defendant operated a vehicle while impaired within the meaning of section 316.193 . . . [t]he death of any human being ...." § 316.193(3)(c) 3.a., Fla. Stat. (2013) (emphasis added). . . . See § 316.193(3)(c) 3., Fla. Stat. (2013) (emphasis added). . . .
. . . . § 316.193(3)(c)(2) -is not a crime of violence under § 16(a). . . .
. . . influence of alcoholic beverages ... to the extent that the person's normal faculties are impaired," § 316.193 . . . while having "a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood," § 316.193 . . .
. . . . § 316.193(3), Fla. Stat. (2016). The trial court correctly admitted this evidence. . . .
. . . See § 316.193(2)(b) 1, Fla. Stat. (2016). . . .
. . . for driving under the influence and causing the death of another human being in violation of section 316.193 . . . Florida Statutes, for driving under the influence and causing serious bodily injury, contrary to section 316.193 . . . Florida Statutes, and for driving under the influence and causing property damage in violation of section 316.193 . . .
. . . Petitioner was arrested on two separate occasions for driving under the influence, in violation of section 316.193 . . . provides: 322.28 Period of suspension or revocation.- * * * (2) In a prosecution for a violation of s. 316.193 . . . within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 . . .
. . . See § 316.193(9)(b), Fla. . . .
. . . manslaughter requires proof that a defendant operated a vehicle while impaired within the meaning of section 316.193 . . . [t]he death of any human being ...." § 316.193(3)(c) 3.a., Fla. Stat. (2013) (emphasis added). . . . See § 316.193(3)(c) 3., Fla. Stat. (2013). The current version contains broader language. . . .
. . . See § 316.193, Fla. Stat. (2017). . . . involuntary manslaughter resulting from tire operation of a motor vehicle; (b) Any violation of s. 316.193 . . .
. . . . § 316.193(3)(c)(2), satisfied the definition of “crime of violence” under, among other things, 18 U.S.C . . . defendant in Leocal was convicted of DUI causing serious bodily injury in violation of Florida Statute § 316.193 . . .
. . . In sections 316.193 and 782.071, Florida Statutes, the Legislature did not omit a scienter requirement . . . know of an injury before he or she is required to stop would frustrate the very purpose of sections 316.193 . . . Although section 316.193(3)(c), Florida Statutes, does not have specific language eliminating knowledge . . . Similarly, as sections 316.193(3)(c) and 782.071(1), Florida Statutes, both have knowledge requirements . . . Section 316.193, Florida Statutes, which does not contain a similar provision, was initially enacted . . .
. . . APPENDIX 7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER §§ 316.193(3)(a), (3)(b), and (3)(c)3., Fla. . . . defendant) caused or contributed to the cause of the death of [(victim) ] [an unborn child], Give if §§ 316.193 . . . Give if applicable. § 316.193(4), Fla. . . .
. . . Hamilton with DUI (two prior convictions), see § 316.193(l)(a), (2)(b)(2), Fla. . . .
. . . See § 316.193(3)(a), (b) and (c)(2), Fla. Stat. (2015). . . .
. . . . § 316.193(3)(c)(2)). . . .
. . . See §§ 316.193-, 1934, Fla. Stat. . . .
. . . . § 316.193(c)(2) for driving under the influence of alcohol (DUI) and causing serious bodily injury. . . . The Court held that a violation of § 316.193(e)(2) did not constitute a “crime of violence” under 18 . . . Rather, the Supreme Court was concerned in Leocal that a person could be found guilty under § 316.193 . . . It is this missing hitting element in § 316.193(c)(2) that, distinguishes Leocal from the present case . . . . § 316.193(3)(c)(2) satisfied the definition of “crime of-violence” under, among other things, 18 U.S.C . . . accidental or negligent consequences—great bodily harm under § 784.041 and serious bodily injury under § 316.193 . . .
. . . See § 316.193(2)(b)3., Fla. . . .
. . . actual physical control of a motor vehicle while under the influence of alcohol in violation of section 316.193 . . .
. . . Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193 . . .
. . . APPENDIX 28.1 DRIVING UNDER THE INFLUENCE § 316.193(1), Fla. Stat. . . . Give if applicable. § 316.193(4), Fla. Stat. . . . 2009 [6 So.3d 574] and 2016. 28.1(a) DRIVING UNDER THE INFLUENCE CAUSING PROPERTY DAMAGE OR INJURY § 316.193 . . . (Fla.2009), and amended in 2009 [18 So.3d 523], and 2016. 28.2 FELONY DRIVING UNDER THE INFLUENCE § 316.193 . . . (2)(b)1 or § 316.193(2)(b)3, Fla. . . .
. . . Appendix 7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER §§ ⅞1-6,1-9¾(⅞-)(-⅞)(⅛^⅜ 316.193(3)(a), (3)(b), . . . Give if §§ M6.-193(3)(a)(b)(c)3b 316.193(8)(a), (3)(b), and (3)(c)3.b„ Fla. Stat., is charged. . . . Lesser Included Offenses DRIVING UNDER THE INFLUENCE MANSLAUGHTER— _ 316»193(3)(a)(b)(c)(3)316.193(3) . . . Driving under the 316.193(1) 28.1 ■ Influence > ■ Driving under the influ- 316,193(3)(a)(b)(c)2 28.3 . . . ence causing serious . 316.193(3)(a), (3)(b), and bodily injury_(3)(c)2._ Driving under the influ- 3- . . .
. . . court sentenced her to the statutory mandatory minimum term of four years in prison pursuant to section 316.193 . . .
. . . .”- Section 960.03(3)(b) in turn defines “[c]rime” as [a] violation of s. 316.193, s. 316.027(1), s. . . .
. . . has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 . . . We explained that all the respondents had been arrested for violating- section 316.193, the DUI statute . . .
. . . See § 316.193(2)(b)(3), Fla. Stat. (2013); State v. Woodruff, 676 So.2d 975, 977 (Fla.1996). . . .
. . . court could not have entered such a lenient sentence without the State’s waiver because, under section 316.193 . . . for DUI manslaughter was an illegal sentence in light of four-year mandatory minimum under section 316.193 . . .
. . . . § 316.193 (making it a crime to drive a vehicle while under the influence of alcohol or a controlled . . .
. . . substances, or controlled substances; (b) Who was placed under lawful arrest for a violation of s. 316.193 . . .
. . . . § 316.193(3)(c)3.b, Fla. Stat. (2010). . . . .
. . . . §§ 316.193(1)(e); 322.2615(1)(a), Fla. Stat. (2010). . . .
. . . has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 . . .
. . . license was suspended had an unlawful ... breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .
. . . has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 . . . the last conviction or the expiration of 5 years after the termination of any incarceration under s. 316.193 . . .
. . . . § 316.193(3)(c)(2). See id. at 4, 125 S.Ct. at 379. . . . Stat. § 316.193(3)(c)(2)). . . . Section 316.193(3)(c)(2) therefore did not qualify as a crime of violence under § 16(a) because even . . .
. . . . § 316.193; two counts of vehicular homicide arising out of a failure to render aid or give information . . .
. . . . § 316.193(12), Fla. Stat. (2014). . . .
. . . under the influence of alcohol ... to the extent that [his or her] normal faculties are impaired,” § 316.193 . . . person has “a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood,” § 316.193 . . . the person has “a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” § 316.193 . . . separate misdemeanor requires the suppression of relevant evidence in a criminal proceeding under section 316.193 . . .
. . . the information charging Gary Salter with felony driving under the influence in violation of section 316.193 . . .
. . . prior DUI convictions necessary to make the one charged in the instant case a felony under section 316.193 . . .
. . . This instruction was adopted in 2013. 28.3 DRIVING UNDER THE INFLUENCE CAUSING SERIOUS BODILY INJURY § 316.193 . . . Lesser Included Offenses DRIVING UNDER THE INFLUENCE CAUSING SERIOUS BODILY _INJURY — 316.193(3)(a)(b . . . DÜÍ Driving under the 316.193(3)(a)(b)(c)l 28.1 28.1(a) influence causing injury_ Driving under the influence . . . _316.193(1)28.1 Driving under the influ- 316.193(3)(a)(b)(c)l ence causing property damage 28.1(a) Attempt . . .
. . . See § 316.193(l)(a), Fla. Stat. (2010). Mr. . . . suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .
. . . following a jury verdict finding him guilty of felony driving under the influence (DUI) under sections 316.193 . . . (1) and 316.193(2)(b)(l), Florida Statutes (2010). . . . See § 316.193(2)(b)(l). At trial, Mr. . . .
. . . or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193 . . .
. . . arrested Plaintiff for Careless Driving and DUI in violation of Florida Statutes §§ 316.1925(1) and 316.193 . . .
. . . See § 316.193(2)(b), Fla. Stat. (2010). . . . plea of nolo contendere to the lesser included offense of misdemeanor DUI, in violation of section 316.193 . . .
. . . enhancement took place here as well, evidenced by the judgment of conviction and its citation to section 316.193 . . .
. . . See § 316.193(1 )(b), Fla. Stat. (2009). . . .
. . . The First District agreed: Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted . . . ORFINGER, C.J. and BERGER, J„ concur. . §§ 316.193(1); 316.13(3)(c)3.a„ Fla. Stat. (2009). . . .
. . . license was suspended had an unlawful ... breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .
. . . See § 316.193(4), Fla. Stat. (2012). . . .
. . . . § 316.193(3)(c)(2), which criminalized driving under the influence of alcohol and causing serious bodily . . .
. . . See § 316.193(2)(b)(l), Fla. Stat. (2010). . . . District extended this holding, finding it “equally applicable to felony DUI prosecutions under section 316.193 . . .
. . . a record of such person’s conviction of any of the following offenses: ... a fourth violation of s. 316.193 . . .
. . . . § 316.193(l)(b), Fla. Stat. . . .
. . . . § 316.193(3)(c)(2). . 18 U.S.C. § 924(c)(3)(B) reads: For purposes of this subsection the term "crime . . .
. . . Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted of DUI manslaughter shall . . .
. . . contribute to the death of the decedent and he could not be guilty of DUI manslaughter under section 316.193 . . . [t]he death of any human being .... ” § 316.193(3)(c)3., Fla. Stat. (2007). . . . that his intoxicated driving caused or contributed to the motorcyclist’s death as required by section 316.193 . . .
. . . . § 316.193(1), Fla. Stat. (2008). . . .
. . . . § 316.193. . . . Stat. § 316.193. . . .
. . . treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193 . . .
. . . license that occurred with his 1995 plea to felony driving under the influence, in violation of section 316.193 . . .
. . . Stat. (2011), place the defendant on probation for a period not to exceed one year, see § 316.193(6)( . . . Stat. (2011), require the defendant to complete a substance abuse course, see § 316.193(5), Fla. . . . See § 316.193(2)(a)2.a., Fla. Stat. (2011). . . . See § 316.193(3)(c)1.2.3„ Fla. Stat. (2011). . . . See § 316.193(4), Fla. . . .
. . . or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193 . . .
. . . See § 316.193, Fla. Stat. (2010). Although Mr. . . .
. . . See § 316.193, Fla. Stat. (2010). Although Ms. . . .
. . . See § 316.193, Fla. Stat. (2010). Although Mr. . . .
. . . (Crim.) 28.3 (2010); §§ 316.193(1) and 316.193(3)(a), (3)(b), (3)(c)2., Fla. Stat. (2010). . . .
. . . To convict a person under § 316.193(3), the state must show that, in addition to the defendant being . . . Stat. § 316.193(1), (3). . . . .
. . . . § 316.193(1), Fla. Stat. (2008). . § 316.1939, Fla. . . .
. . . . § 316.193(1), Fla. Stat. (2010). . This information was not in our initial record. . . .
. . . . § 316.193(1), Fla. Stat. (2008). . This information obviously was not in our initial record. . . .
. . . was sentenced to the statutory maximum of 60 months on Count 2, a third degree felony, pursuant to § 316.193 . . . a second degree felony, was a term of imprisonment not exceeding fifteen (15) years, pursuant to § 316.193 . . . separate offenses of DUI manslaughter' and leaving the scene of an accident with death are sections 316.193 . . . At the time of Petitioner’s offense conduct, section 316.193 provided, in relevant part: (1) A person . . . Stat. § 316.193(1X3) (2003). . . .
. . . arrested him for DUI and issued two misdemeanor traffic citations, one for the DUI violation of section 316.193 . . . Whether the person was placed under lawful arrest for a violation of s. 316.193. 3. . . .
. . . (Crim.) 28.3 (2010); §§ 316.193(1) and 316.193(3)(a), (3)(b), (3)(c)2„ Fla. Stat. (2010). . . .
. . . See § 316.193(2)(b), Fla. Stat. (2008). . . .
. . . . § 316.193(3), Fla. Stat. (1981). . . . of a nonexistent crime is fundamental error, DUBAL was an existing crime in 1982 pursuant to section 316.193 . . .
. . . The estate also argues that section 316.193(9), Florida Statutes (2007), applies to this case. . . . Section 316.193(9) provides that the police may not release a person whom they arrest for driving under . . . breath-alcohol level was less than 0.05; or (c) until eight hours elapsed from the time of the arrest. § 316.193 . . . other officers and charged with DUI, he would have received the benefit of the protections of section 316.193 . . .
. . . . § 316.193(3)(c)3.a., Fla. Stat. (2008). . . .
. . . See § 316.193, Fla. Stat. (2010). . . .
. . . . § 316.193(3)(c)(2)). . . . .
. . . The plain language of section 316.193(2)(b)(3), Florida Statutes (2008), provides that any person who . . . See § 316.193, Fla. Stat. (1983). Indeed, Mr. . . . See § 316.193(2)(b)(3), Fla. Stat. (2008). . . . The use of previous convictions for DUI from other states is expressly permitted in section 316.193; . . . Section 316.193(2)(b)(3), Florida Statutes (2008), provides that a fourth conviction for a DUI misdemeanor . . .
. . . . § 316.193. . . . .
. . . review the issue of whether the license holder “was placed under lawful arrest for a violation of s. 316.193 . . . hearing officer to consider whether the suspension was incident to a “lawful arrest for a violation of s. 316.193 . . . on the ground that the license holder had not been “placed under lawful arrest for a violation of s. 316.193 . . . without regard to whether the suspension was incident to a lawful arrest for a violation of section 316.193 . . . license when the license holder has not been subjected to a lawful arrest for a violation of section 316.193 . . . the additional issue of “[w]hether the person was placed under lawful arrest for a violation of s. 316.193 . . .
. . . further alleged that “[s]aid property was used to commit the offense [of DUI] ... a violation of section 316.193 . . . Geiss, causing impairment, in violation of sections 316.193(1)(a) or 316.193(1)(b), Florida State Statutes . . .
. . . deaths in a single DUI-related crash allowed for multiple convictions for DUI manslaughter under section 316.193 . . . driving under the influence, “causes or contributes to causing ... the death of any human being.” § 316.193 . . . The court held that Grappin’s “a/any” test did not preclude multiple convictions under section 316.193 . . .
. . . See §§ 316.193(1), (4), 322.34(2)(a), 893.13(6)(a), Fla. Stat. (2008). . . .
. . . She was charged with driving under the influence, a third-degree felony pursuant to section 316.193(2 . . . tests revealed alcohol levels of .201 and .218, which exceeded the .08 threshold established by section 316.193 . . . Section 316.193(1) makes it a crime for a person to be “driving or in actual physical control of a vehicle . . .