Fla. R. Traf. Ct. 6.290 · I. SCOPE, PURPOSE, AND CONSTRUCTION
WITHHOLDING ADJUDICATION PROHIBITED
Text — January 1, 2026 edition
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.
Notes and commentary — not rule text
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.
Source of truth
- Edition
- January 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/07/2026_7-JAN-Traffic-Court-Rules-01-01-2026.pdf (PDF pages 15)
- Text hash
- sha256 a13f0febe357c77bfdea0287928703185059306199376c5e2d9c01746d3b9f63
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 316.656, Fla. Stat.Mandatory adjudication; prohibition against accepting plea to lesser included offense.Printed as section 316.656
- § 877.111, Fla. Stat.Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties.Printed as section 877.111
- Fla. Stat. ch. 893DRUG ABUSE PREVENTION AND CONTROLPrinted as chapter 893
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.