Florida Rules of Traffic Court
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6.290. Withholding Adjudication Prohibited
Pursuant to section 316.656, Florida Statutes, no
court shall suspend, defer, or withhold adjudication of
guilt or the imposition of sentence for the offense of
driving or being in actual physical control of a motor
vehicle while having an unlawful
blood alcohol level
or while under the influence of alcoholic beverages,
any chemical substance set forth in section 877.111,
Florida Statutes, or any substance controlled by chapter
893, Florida Statutes.
Committee Notes
1988 Amendment. Subdivision (b) was eliminated by the committee
as there is no “lesser offense” for a DUI. Moreover, the
enhanced penalty under section 316.193(4), Florida Statutes, for
a blood alcohol level of .20 or above has inherently changed the
entire previous meaning of the eliminated subdivision. The new
enhanced penalty portion of the statute creates a “lesser offense” to
the “enhancement” — but not to the DUI.
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