Introduction
Laws play important role in any society, as they help in maintain order through regulating and controlling behaviors and actions of people. The process of making laws varies from one country to another, and in USA, from one state to another. The paper is exploring the legislative evolution of the Driving Under Influence (DUI) laws in Florida, including describing how the state makes its laws.
Process of Legislation in Florida
In Florida, either the House of Representatives or Senate can come up with a bill that eventually becomes a law if passed. Every member of the House of Representative is given six bill slots while senators have no limit for the bills. Once a legislator has proposed a bill, it is referred to the relevant committee that studies it and decides whether it should be passed, amended or dropped. A bill that has been approved by the relevant committee is taken to the full chamber for vote. The full chamber can either decides to pass, amend or reject the bill through voting. Once the bill has been passed by the chamber, it goes to the other legislative house for review. Finally, in the event that the bill is approved by both legislative houses, it is taken to the governor of the state who can sign it to law or veto it (Ladan, 2016).
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Under the separation of power doctrine, the role of legislature is to pass laws while judiciary or court is expected to interpret and applies the laws. However, legislation significantly affects the court system. First, the power of the court to interpret and apply laws is influenced by the ability of legislatures to pass laws and make constitutional amendments (National Research Council, 2000) . Secondly, legislature decides on the people to serve in the court system.
History of DUI Law in Florida
Like many states in US, Florida adopted the DUI laws in the 20 th century. Specifically, the first DUI law was enacted in Florida in 1910, immediately after New York had passed the same law (Ladan, 2016). Unlike today when the Florida DUI laws are ties to a specific blood alcohol percentage, the first laws did not contain the exact level of alcohol intoxication violates the DUI laws. It was believed that the police could identify a drunk driver. The first penalty under DUI law in Florida occurred on 12 th May 1916 ( Fell & Voas, 2014) .
Description of DUI Law in Florida
In Florida, DUI law is defined as operating a motor vehicle while impaired by alcohol beyond 0.08% of blood alcohol content (BAC). People under the age 21 years are not allowed to drive beyond 0.02% of BAC while commercial drivers are charged if their BAC is more than 0.04% (DMV.Org, 2017). The first time offender of DUL laws are fined between $1,000 and $2,000. However, second-time offenders are fined between $2,000 and $4,000.
A number of changes have occurred since DUI law came into effect in Florida. The state came up with BAC in 1936 when Dr. Rolla Harger invented the Drunkometer. Initially, the BAC was 0.15%, but it was later changed to 0.08% due to the increased cases of Mother Against Drunk Drivers (MADD). At the same time, any person who is under 21 years is now required by DUI law to have 0% of BAC. It is the Drug Courts that prosecute DUI Laws in Florida.
The Reasons for Evolution of DUI Laws
Advanced technology and increase in alcohol-related accidents are the main reasons that have influenced the evolution of DUI law in Florida ( Voas & Fell, 2011) . It was the invention of Drunkometer in 1936 that made Florida to set BAC, which was previously not exiting. At the same time, the cases of people being killed by drunk drivers made Florida to come up with tougher DUI laws (Ladan, 2016). Therefore, technology and rising cases of road accidents influenced evolution of DUI law.
Conclusion
Legislation and effective implementation of laws are crucial in maintain law and order in any given society. Therefore, it is important for both legislature and judiciary to work harmonious. At the same time, DUI laws have played important role in reducing accidents in Florida and other parts of US. However, there is need to create tougher DUI laws to prevent further road accidents.
References
DMV.Org. (2017). DUI & DWI in Florida . Retrieved from https://www.dmv.org/fl- Florida/automotive-law/dui.php
Ladan, A. (2016, July 21). Florida DUI: The History of DUI Laws. Retrieved from http://www.ladanlaw.com/blog/florida-dui-history-dui-laws/
National Research Council. (2000). Forecasting the Impact of Legislation on Courts . National Academies.
Fell, J. C., & Voas, R. B. (2014). The effectiveness of a 0.05 blood alcohol concentration (BAC) limit for driving in the United States. Addiction , 109 (6), 869-874.
Voas, R. B., & Fell, J. C. (2011). Preventing impaired driving opportunities and problems. Alcohol Research & Health , 34 (2), 225.
