790.151 Using firearm while under
the influence of alcoholic beverages,
chemical substances, or controlled
substances; penalties.--
(1) As used in ss.
790.151">790.151-790.157, to "use
a firearm" means to discharge a
firearm or to have a firearm readily
accessible for immediate discharge.
(2) For the purposes of this section,
"readily accessible for immediate
discharge" means loaded and in a
person's hand.
(3) It is unlawful and punishable as
provided in subsection (4) for any
person who is under the influence of
alcoholic beverages, any chemical
substance set forth in s. 877.111, or
any substance controlled under
chapter 893, when affected to the
extent that his or her normal faculties
are impaired, to use a firearm in this
state.
(4) Any person who violates
subsection (3) commits a
misdemeanor of the second degree,
punishable as provided in s. 775.082
or s. 775.083.
(5) This section does not apply to
persons exercising lawful
self-defense or defense of one's
property.
History.--s. 1, ch. 91-84; s. 1210, ch.
97-102.
|
testing methods.--
(1) It is unlawful and punishable as
provided in s. 790.151">790.151 for any
person who is under the influence of
alcoholic beverages or controlled
substances, when affected to the extent
that his or her normal faculties are
impaired, to use a firearm in this state.
(2) Upon the trial of any civil or criminal
alleged to have been committed by any
person while using a firearm while under
the influence of alcoholic beverages or
controlled substances, when affected to
the extent that his or her normal
faculties were impaired or to the extent
that the person was deprived of full
possession of his or her normal
administered in accordance with s.
790.153 or s. 790.155 and this section
shall be admissible into evidence when
otherwise admissible, and the amount of
alcohol in the person's blood at the time
alleged, as shown by chemical analysis
of the person's blood or chemical or
physical analysis of the person's breath,
shall give rise to the following
presumptions:
(a) If there was at that time 0.05 percent
or less by weight of alcohol in the
person's blood, it shall be presumed that
the person was not under the influence
of alcoholic beverages to the extent that
his or her normal faculties were impaired.
(b) If there was at that time in excess of
0.05 percent but less than 0.10 percent
by weight of alcohol in the person's
blood, such fact shall not give rise to
any presumption that the person was or
was not under the influence of alcoholic
beverages to the extent that his or her
normal faculties were impaired, but such
fact may be considered with other
competent evidence in determining
whether the person was under the
influence of alcoholic beverages to the
extent that his or her normal faculties
were impaired.
(c) If there was at that time 0.10 percent
or more by weight of alcohol in the
person's blood, that fact shall be prima
facie evidence that the person was
under the influence of alcoholic
beverages to the extent that his or her
normal faculties were impaired.
The percent by weight of alcohol in the
blood shall be based upon grams of
alcohol per 100 milliliters of blood. The
foregoing provisions of this subsection
shall not be construed as limiting the
introduction of any other competent
evidence bearing upon the question of
whether the person was under the
influence of alcoholic beverages to the
extent that his or her normal faculties
were impaired.
(3) A chemical analysis of a person's
blood to determine its alcoholic content
or a chemical or physical analysis of a
person's breath, in order to be
considered valid under the provisions of
this section, must have been performed
substantially in accordance with
methods approved by the Florida
Department of Law Enforcement and by
an individual possessing a valid permit
issued by the department for this
purpose. Any insubstantial differences
between approved techniques and
actual testing procedures in an
individual case shall not render the test
or test results invalid. The Florida
Department of Law Enforcement may
approve satisfactory techniques or
methods, ascertain the qualification and
competence of individuals to conduct
such analyses, and issue permits which
shall be subject to termination or
revocation in accordance with rules
adopted by the department.
(4) Any person charged with using a
firearm while under the influence of
alcoholic beverages or controlled
substances to the extent that his or her
normal faculties were impaired, whether
in a municipality or not, shall be entitled
to trial by jury according to the Florida
Rules of Criminal Procedure.
History.--s. 4, ch. 91-84; s. 1213, ch.
97-102; s. 294, ch. 99-8.
|
790.155 Blood test for impairment or
intoxication in cases of death or serious
bodily injury; right to use reasonable
force.--
(1)(a) Notwithstanding any recognized
ability to refuse to submit to the tests
provided in s. 790.153, if a law
enforcement officer has probable
cause to believe that a firearm used by
a person under the influence of
alcoholic beverages or controlled
substances has caused the death or
serious bodily injury of a human being,
such person shall submit, upon the
request of a law enforcement officer, to
a test of his or her blood for the
purpose of determining the alcoholic
content thereof or the presence of
controlled substances therein. The law
enforcement officer may use
reasonable force if necessary to
require such person to submit to the
administration of the blood test. The
blood test shall be performed in a
reasonable manner.
(b) The term "serious bodily injury"
means a physical condition which
creates a substantial risk of death,
serious personal disfigurement, or
protracted loss or impairment of the
function of any bodily member or organ.
(2) The provisions of s. 316.1933(2),
relating to blood tests for impairment or
intoxication, are incorporated into this
act.
(3)(a) Any criminal charge resulting
from the incident giving rise to the
officer's demand for testing should be
tried concurrently with a charge of any
violation of s. 790.151">790.151. If
such charges are tried separately, the
fact that such person refused, resisted,
obstructed, or opposed testing shall be
admissible at the trial of the criminal
offense which gave rise to the demand
for testing.
(b) The results of any test
administered pursuant to this section
for the purpose of detecting the
presence of any controlled substance
shall not be admissible as evidence in
a criminal prosecution for the
possession of a controlled substance.
(4) Notwithstanding any provision of
law pertaining to the confidentiality of
hospital records or other medical
records, information obtained pursuant
to this section shall be released to a
court, prosecuting attorney, defense
attorney, or law enforcement officer in
connection with an alleged violation of
s. 790.151">790.151 upon request for
such information.
History.--s. 3, ch. 91-84; s. 1212, ch.
97-102.
|
