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.