Florida Traffic Court Rule 6.290
RULE 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.
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.