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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

FLORIDA

Fla. Stat. Ann. § 316.193(1) and (4) (2005)
Driving under the influence; penalties

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

  1. The person is under the influence of alcoholic beverages, any chemical substance set forth in §877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
  2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
  3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.20 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

  1. By a fine of:
    1. Not less than $500 or more than $1,000 for a first conviction.
    2. Not less than $1,000 or more than $2,000 for a second conviction.
    3. Not less than $2,000 for a third or subsequent conviction.
  2. By imprisonment for:
    • Not more than 9 months for a first conviction.
    • Not more than 12 months for a second conviction.

FLORIDA

Fla. Stat. § 316.193
Driving Under the Influence; Penalties

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

    1. The person is under the influence of alcoholic beverages, any chemical substance set forth in §877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
    2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
    3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2) (a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

      1. By a fine of:
        • Not less than $ 250 or more than $ 500 for a first conviction
        • b. Not less than $ 500 or more than $ 1,000 for a second conviction; and
      2. By imprisonment for:
        1. Not more than 6 months for a first conviction.
        2. Not more than 9 months for a second conviction.
      3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with § 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.20 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

  1. By a fine of:
    1. Not less than $500 or more than $1,000 for a first conviction.
    2. Not less than $1,000 or more than $2,000 for a second conviction.
    3. Not less than $2,000 for a third or subsequent conviction.
  2. By imprisonment for:
    • Not more than 9 months for a first conviction.
    • Not more than 12 months for a second conviction.

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